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May 20, 1975 ___________________________,
Beneficiary of Voting Trust of Stelle Industries: In accordance with Article
7 of the Voting Trust Agreement of Stelle Industries, Inc., of which you are
a signatory, I am herewith presenting a pro rata bill for legal services
contracted by me as Voting Trustee to determine the legality of an attempt
made by Mrs. Merrilie Maull to amend the Voting Trust Agreement on or about
March 22, 1975. It was shown by the attorneys hired by me that the only legal
condition by which the Agreement could be amended would not likely be
practically attainable since it would require a 100% agreement by all
beneficiaries whether current or former members of The Stelle Group. The
attorneys also researched ways by which the proposed changes could be
otherwise accomplished, and they consulted with several tax specialists in
this matter. The president and comptroller of Stelle Industries also hired
other tax attorneys at corporation expense to get all the facts for making a
decision, with the end result being that no changes were made in the Voting
Trust Agreement. There are no dividends paid
by Stelle Industries; so there are no distributions from which payment of
the lawyer’s fees could be derived. Therefore, the following portion of Article
7 of the Voting Trust Agreement applies: “The Trustee may employ counsel and
such other assistance as may be convenient in the performance of his
functions. The Trustee will receive from the Beneficiaries, pro rata,
reimbursement or indemnity for any and all claims, expenses and liabilities
incurred by him, or asserted against him, in connection with or growing out
of this agreement or the discharge of his duties hereunder.” I find myself,
therefore, calling upon your obligation under the terms of this provision
since the president of Stelle Industries, Inc. has specifically refused to
allow the corporation to assume the cost of said legal counsel. The fee charged by the law
firm of Bloche, French & Haysa is $100.00; and since the 51 Beneficiaries
who are still members of The Stelle Group represent; 2,999 shares of stock,
the pro rata charge is $0.03334 per share to reimburse me. You hold ____ shares (X 3
1/3 ¢ ) which equals $ ________. Please mail your check to
me or make your payment in cash to Jeanette Williams in an envelope with your
name of it. She will foreward the cash to me via messenger. Please make
payment before May 31, 1975. Sincerely yours, Richard Kieninger 241 S. Cannon Kankakee, IL 60901 |
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