This is a forwarded message
From: "Terrence S. Reiber"
To: ktessis@soberman.com; pivany@compasswealth.com; rghall@canlighthall.com
Received: 3/3/2010 8:50:09 AM
Subject: RE: Breckenridge
If there is an agreement with Equitable please insure that they will provide partial discharges for each unit sold.
Please note our address change and amend your records accordingly.
This e-mail was sent by:
Terrence S. Reiber, B.A., LLB., LL.M.
Barrister & Solicitor
T.S. Reiber Professional Corporation
1110 Sheppard Avenue East, Suite 211,
Toronto, Ontario, M2K 2W2
Tel: 416-927-9841 Fax: 416-975-1531
E-mail: terry@reiber.ca
Website: www.reiber.ca
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From: Ken Tessis [mailto:ktessis@soberman.com]
Sent: March-02-10 7:11 PM
To: 'pivany@compasswealth.com'; Richard Hall B.A. ARP, CPM; Terrence Reiber
Cc: 'Allan Lipman'; Evelyn Bowles
Subject: Breckenridge
Alan Lipman finally got through to another of Equitable’s lawyers-
Equitable advises that:
1. Equitable was in arrears 2 years ago when they sent the BIA sec 244 notice in 2008 – and as never paid off – forbearance only – they feel that their notice defeats the Stay. The point is arguable
2. They were / are upset with the second who was to finish off and pay them out – second indicated that they had lots of money & would do this – but did not & fell behind
3. They will consider providing interim financing at a rate – maybe 18% - but after their first position which really does not matter to anyone other than them and if we went to court and they insisted on that – they most likely would be successful in any case
4. We agree that ti sis not worth fighting over
5. They want a letter from Soberman outlining (and Richard will have to provide the information) -
i. How much money is needed money
ii. - when is it needed timing
iii. What interest rate will be paid
iv. How long will it be needed for
v. How money will be used - i.e. program to renovate / refurbish & sell off – along with obtaining vacant possession etc
vi. Time lines to pay back (I assume this is cash flow re selloff scenario)
I assume they will also want some proof of values etc
Richard should also provide assumptions and how they were arrived at for all the above
Maybe Richard should also I think that at the end of each month we should have some extra lines – (rows ) – (i) if according to plan (ii) deal of five months (iii) delay of -I month after 2 months and compound that every 2 months – so if project is delayed a lot we will see what will happen or (iv))
Question – any possibility of selling units to tenants – perhaps that should be canvassed ASAP with current tenants
And second takes hit right away
We also have to file a cash flow (this Friday ) and the above (as discussed with Richard late last week ) will serve both purposes
_______________________________________
Kenneth M. Tessis CA•CIRP
Soberman Inc.
Trustees and Receivers
2 St. Clair Ave. East, 10th floor, Toronto On M4T 2T5
Phone : 416-963-7120
Toll Free 1-877-929-2501 X 7120
Fax : 416-929-2555
Email :ktessis@soberman.com
www.soberman.com
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