- 6 - On March 18, 1997, Mr. Marcus mailed a letter to a potential business partner. Mr. Marcus wrote: “As of January 25, 1997 Joe Dunne was terminated as an employee of FRC, therefore he does not speak for or represent the company in anyway. In addition, it is our position that Joe has in effect sold his shares of stock to me.” The Settlement Agreement On May 8, 1997, Mr. Dunne and Mr. Marcus executed a settlement agreement. This agreement provided that in exchange for his 50-percent interest in FRC, Mr. Dunne would receive $175,000 plus 50 percent of FRC’s total net profit from the halon contract. The parties agreed that the payment of $175,000 represented FRC’s net book value. The settlement agreement provided that the $175,000 was payable as of the date of settlement (the settlement date), but also that it was payable in seven equal monthly payments beginning on June 1, 1997. Regarding Mr. Dunne’s FRC stock, the settlement agreement provided: TO BE DELIVERED IN ESCROW FULLY ENDORSED PENDING FINAL DISTRIBUTION OF ALL MONIES DUE UNDER HALON CONTRACT & TWO ESCROW ACCTS, OR PAYMENT OF NET B.V. OF FRCI, WHICHEVER IS LATER. NO SHAREHOLDER OR DIRECTOR RIGHTS IN JDD AFTER DATE OF SETTLEMENT. ESCROW ACCT PROCEEDS TO BE DISTRIBUTED NET OF ALL COSTS & EXPENSES 1/2 TO JDD & 1/2 TO RMM. * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008