Re: Fwd: Dohm

<DKIESQ@aol.com>

approve what you think approportaite

----- Original Message ----
From: "DKIESQ@aol.com" <DKIESQ@aol.com>
To: jeeproject@yahoo.com
Sent: Monday, April 2, 2007 5:20:19 PM
Subject: Fwd: Dohm

Note that they would pay it back either if the deal closes, in which case the money comes from them or "out of escrow" if the deal does not close. Which means, if the deal does not close, funds that you agree may be advanced out of escrow and applied to the purchase price will not be repaid to you unless Marshall releases the escrow (which he will never do) or a court orders it. Also, Jamie has already asked Marshall for an accounting of how the funds would be used and Marshall refused because it appears that a large portion of the requested advance from the deposit funds are requested for personal reasons based on Lyn's expecting closing to take place on March 31, 2007. Lyn does not want to explain how she is applying those funds.

Probably necessary to agree to some advance in order to smooth over the change in closing date and purchasers.

Please let me have your instructions?

Darren K. Indyke
Attorney-At-Law
457 Madison Avenue
4th Floor
New York, New York 10022
Tel: 212-750-1176
Fax: 212-750-0381
e-mail: dkiesq@aol.com

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Jamie – Jeff/Darren are going to have to approve of any release of the deposit (it is Jeff’s money after all).

That being said, we would request that you obtain detailed invoices for each of the expenses for which the seller is seeking an advance of the deposit funds, and that, in connection with releasing any funds, the seller agree to an extension of exclusivity until at least the end of April.

Darren – We would reimburse Jeff for any funds advanced should you and he determine to do so, with the remainder of the deposit to be either (i) returned to Jeff from escrow in the event that there is no closing or (ii) reimbursed by IGY at the closing, should it occur. Either way, Jeff would be made whole.

Thanks.

Seth A. Cohen

Island Capital Group LLC

717 Fifth Avenue , 18th Floor

New York, NY 10022

Tel: (212) 705-5092

Fax: (212) 705-5001

scohen@islecap.com

From: Cohen, Seth
Sent: Monday, April 02, 2007 2:10 PM
To: A. James Casner, Esq.; Levy, Marc ; Finegold, Elie
Subject: RE: Re: Dohm

Will get back to you.

Seth A. Cohen

Island Capital Group LLC

717 Fifth Avenue , 18th Floor

New York, NY 10022

Tel: (212) 705-5092

Fax: (212) 705-5001

scohen@islecap.com

From: A. James Casner, Esq. [mailto:jcasner@vilawyers.com]
Sent: Monday, April 02, 2007 1:47 PM
To: Cohen, Seth; Levy, Marc ; Finegold, Elie
Subject: Fwd: Re: Dohm

FYI. Please contact me when you can on any release of funds so that I can move on this. Thanks. ajc

Note: forwarded message attached.

A. James Casner, P.C.
Stryker, Duensing, Casner & Dollison
5126 Upper Drakes Passage, Suite 202
P.O. Box 6785
St. Thomas, U.S. Virgin Islands 00804
(340) 774-6011, ext. 3001
(340) 776-8520 (fax)
(340) 774-5448 (fax)

Confidentiality Notice: This communication and any attachments contain information from Stryker, Duensing, Casner & Dollison that may constitute attorney work product or that may otherwise be confidential and/or privileged. Except for personal use by the intended recipient, or as expressly authorized by the sender, any person who receives this information is prohibited from disclosing, copying, distributing, and/or using it. If you have received this communication in error, please immediately delete it and all copies, and promptly notify the sender at the above telephone number or electronic mail address. Nothing in this communication is intended to operate as an electronic signature under applicable law.

The information contained in this message and any attachment to it may be privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by replying to the message and please delete it from your system. Please also note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. 

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