-291- IRA reveals that both Schaffel and Kanter understood that their fee-sharing agreement was inextricably tied to Ballard and Lisle. Schaffel hoped to restrict the fee-sharing agreement to Prudential transactions only,122 whereas Kanter maintained the agreement required Schaffel to share any fees arising from his business dealings with Ballard and Lisle wherever they might be employed. 4. Schnitzer/PMS In February 1989, Kanter wrote to Ross and inquired whether PMS would be interested in making an early, discounted final payment under the IRA/PMS installment agreement. Kanter mentioned in his letter that IRA had assigned its contract rights under the IRA/PMS installment agreement and that any payment should be remitted to PSAC, which served as the depository for the assignee. There is no evidence in the record that IRA ever assigned its rights under the IRA/PMS installment agreement to another party. Kanter used the term “assignment” because he knew the payments belonged to himself, Ballard, and Lisle, and he had 122 Schaffel explained that he stopped making payments to Kanter/IRA in 1983 because “I said, ‘The deal is off. Bob [Lisle] has moved and I am not going to, you know--the relationship is over.’” Schaffel, Transcr. at 402. Schaffel also testified: “I didn’t believe that [Kanter] was entitled to that money because we had left the Investment Research agreement because Bob [Lisle] had moved on to Travelers and Claude [Ballard] had moved on to Goldman Sachs and I was no more dealing with The Prudential.” Schaffel, Transcr. at 395.Page: Previous 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 Next
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