FW: Concal_Brain Savino/Mike Dodd Call

Mike,

Consistent with advice rendered by my litigation attorney I've now engaged, as you've been aware, I can not take your advice as an acceptance, on how you've responded.

I would therefore appreciate your confirmation to the full offer enclosed with a small caveat, I'd like to include $1,000.00 US for legal fees incurred, which will be included within the 5 monthly payments, bringing the monthly payments to $31,700.00/month.

If you agree, your written confirmation of same is required (by an appropriate email) warranting that you have reviewed, and agree to, and confirm your full acceptance of same. At this / that juncture, I'll have my attorney draft the docs for execution, and send them to both yourself and Haytham for execution.

You can call me to discuss any aspect of this agreement if you deem it's pertinent, but, once again, it's non-negotiable.

You can advise me anytime prior to Close-of-Business - Friday - November 11th, 2011 of your official acceptance, and if I have no response from you at that time, I'll instruct my attorney to proceed.

I hope we settle this amicably, and you find this offer acceptable.

Look forward to your positive response....

Best regards,

Brian

On Nov 9, 2011, at 17:37, Michael Dodd <mike.dodd@3dglobalsolutions.net> wrote:

Brian,

Are you having your attorney write this up and forwarding to Haytham? Pls advise

Mike Dodd
CEO 3D Global Solutions
212-729-6959
Sent from my Blackberry

From: Brian Savino [mailto:savinbj@mac.com]
Sent: Wednesday, November 09, 2011 10:21 AM
To: Michael Dodd
Cc: Melissa Katz
Subject: Concal_Brain Savino/Mike Dodd Call

Mike;

As advised, I'm not certain I'll be available @1630 Houston time, and therefore would not like to commit.

I've waited 5 days now for your call; to NO AVAIL.

I was going to make one final attempt to resolve your debt payment to me, but you do not seem to have time and/or interest to make a phone call to me during the prearranged times we've set -- as per my note attached.

There's an offer attached for your consideration and acceptance -- if you so choose. I may be available at whatever time you wish to call this afternoon, but since the attached was what I want5ed to reference and offer, and since you can't make the call between 1000 and 1030 Houston Time this morning, you can have till Close-of-Business today (Houston Time) to either accept the offer -- in writing -- or if (as I anticipate) there's no conversation between you and I for the balance of today, I'll proceed to collect my funds due, interest, attorney fees, and whatever else possible through an alternative venue.
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Conversation with Mike... Originally ==> 04 NOV 11....Friday.....1500-1700 - Mike never called / Subsequently arranged for Houston time.......Monday...November 7th, 2011 - BJS called Mike - left message - Mike never called / Then set-up for Tuesday between 1400 - 1500 Houston time.....Mike never called. Brian offered availability between 1000-1030 Houston Time, and Mike could not make himself available for a call during this time horizon.
Offer to Mike Dodd:

Mike - Was expecting your call on Friday and then subsequently on Monday, and then Tuesday, and was hoping we could achieve an amicable agreement that you'll perform against, by the end of the scheduled call. Since I did not receive a call nor communication, I thought / assumed you had no interest in speaking. However, glad to make one more attempt.

I / we can only assume that you are struggling with "cash flow," and this is the basis of you not sending the funds required by the 3rd of November, 2011.

I'd like to set the conditions of evolving the $150,000.00 "earnest funding" into a Corporate (3DGS) / Personal Loan:
1.) Payments to be received by B. Savino (Chase Bank Acct.) by the last business day of the month (commencing Nov. 2011);
2.) Terms of repayment should be at an interest rate of 5% ... Therefore monthly payments will be $ 31,700.00 US / month, inclusive of $1,000.00 US attorney fees;

3.) Late payment allowance will be 3 business days; whereby funds need to be received by the 3rd business day of the month following due date month, if funds have not been received by the 4th business day, "default," and full balance plus interest is due within the next two business days or by the 7th business day of the month following month in which funds were due;

4.) Loan duration ==> 5 months: NOV / DEC - 2011 / JAN - FEB - MAR - 2012;

5.) Texas law to apply.

I'm free to discuss at your convenience throughout today, however the offer is non-negotiable.

I'll set a time limit of 1700 Houston time Wednesday / November 9th ==> for your written acceptance of above terms, which will be documented for signature validation / execution.

If there is no advice from either you and/or Haytham, I'll assume you've rejected this loan offer.

Thanks,

Brian J. Savino
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Regards,

Brian Savino

savinbj@mac.com

Regards,

Brian Savino

savinbj@mac.com

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On Nov 9, 2011, at 8:49 AM, Michael Dodd wrote:

Mike will call Brian to initiate the call

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Regards,

Brian Savino

savinbj@mac.com