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7. A judgment in the amount of 5991.61 has been entered against Agile in Sage de <br />Cristo Lab Inc v Agile Stone Systems Inc ,Case No. 2003 S 000004, Alamosa <br />County Coutt. <br />8. A judgment in the amount of 825,248.45 has been entered against COMAT in Brandt v. <br />Colorado Materials Holding Coro., Case No. 2003 CV 001039, EI Paso County District <br />Court. (Judgment set aside?J <br />Schedule 3.5 <br />COMAT and Agile Consents <br />ZINC Documents: <br />(a) LINO Loan Agreement (change in control of Agile or Rock 8t Rail is an Event <br />of Default) <br />(b) LINC Third Party Pledge Agreement <br />2. RCI Bridge Loan Documents: <br />(a) RCI Stock Pledge Agreement <br />(b) RCI Security and Pledge Agreement <br />3. Other A¢reements: <br />(a) Exempt Transportation Contract BNSFC 304809 dated August 1, 2001 among <br />COMAT, Rock Bt Rail, and The Burlington Northern and Santa Fe Railway <br />Company. [Right to receive transpottation services, or to assign obligations and <br />duties under Contract by COMAT, would arguably acquire the conscn[ of <br />BNSF.J <br />(b) Commercial Lease dated August 1, 1999 between Case Holdings Company, LLC <br />and COMAT (as successor). <br />Schedule 3.6(a) <br />COMAT Tax Returns and Liabilities <br />(i) As of December 31, 2003, COMAT had not filed the following Tax Returns: <br />(a) 2000, 2001, 2002 and 2003 Form 5500 Returns relating [0 401(k) Plans <br />(ii} As of December 31, 2003, COMAT has not paid the following Taxes: <br />(a) 2002 Personal Property Taxes - EI Paso County [51,603.12?] <br />(iii) As of December 31, 2003, the following claims or assessments have been made against <br />COMAT for unpaid Taxes: Possible small claim by IRS for unpaid unemployment <br />insurance tax. <br />Schedule 3.6(bl <br />COMAT Tax Information <br />(i) Basis of COMAT in: <br />(a) Assets:Unknown <br />(b) Agile: Unknown <br />x <br />