-102- b. The Frey/Zeus Agreement On October 12, 1981, Frey sent a participation agreement to Meyers (as president of Zeus, IRA’s subsidiary) regarding “Participation in Proceeds on Prudential Conversions” which provided, in part: As requested, we are writing to confirm our prior agreement regarding the participation in the amounts realized or to be realized on the condominium conversion of properties of or for The Prudential Insurance Company of America (“Prudential”). The terms of this letter agreement shall apply with respect to all conversions of Prudential properties heretofore and hereafter. As used in this letter agreement, the term “amounts realized” includes all amounts to be received by the converter as Developers’ Fees and shares of assigned profits but excluding any management or other fees (which shall be retained by the Manager). * * * * * * * Of the amounts received as a Developers’ Fee on Prudential conversions, BJF (or its counterpart in any future conversion) shall retain 75% of the amount received in reimbursement for any costs and expenses paid or incurred by it. BJF shall retain this 75% amount without regard to the actual amount of its costs and expenses and without any need to account for the same. Of the remaining 25%, BJF SHALL RETAIN 80% and shall distribute the remaining 20% to you. Of the amounts received as shares of assigned profits, BJF shall distribute 20% to you and retain the balance. BJF shall retain amounts under this letter agreement for itself and for distribution to its affiliates in such percentages as they have agreed. BJF shall make all distributions to you not later than 30 days after the date of this letter or receipt fromPage: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
Last modified: May 25, 2011