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Hidden Condition, Negotiation, Working It Out, Or Walking Away?

Mitchell

Level of Coral Feather
Joined
Sep 9, 2002
Messages
33,516
Points
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Ross sat down in a chair at the office, and Steve gave him an iced tea.

Steve and Fritz both sighed.

"Now, the contingency is that in addition to giving Saver ten percent of RFS as consideration, he also wants to set. "Sliding consideration" of different percentages, on each deal or show, or what not, that we do because of the information and wells he tipped us off on. To me, It is like someone having us all by the balls, and making a major issue every time we do a deal. As much as I would like to expand into Canada, this does not seem to be the way" Fritz said.

Ross sighed. "I agree. I think that while I'm here, say, tomorrow, we should have a conference call with Mioter Saver, and tell him we either work out a consistent percentage. of what he gets for information and deals, or its no deal with him. None of us has the time to be bothered with this." Ross said.

"Okay, let's go over our agenda for this week, and then later today, we will call Saver, and make the call late tomorrow. I'm thinking, simple, two shows, one meeting, Ross stays over two nights, and goes home. I know that you have been experiencing dizzy spells, and are busier at RossShell with handling Mel on your own than you used to be. We will still do plenty here, but we also want to consider your health and keep the VP calm at you" Steve said.

Ross smiled. "Thank You, Steve. The VP and I both appreciate it"

For the rest of that day, Ross, Steve and Fritz, discussed the specifics of the shows, one hundred to two hundred people each. One in person outside of OKC, and the other via Zoom lectured by the foreman who was near their wells in North Texas, with about 100 or so i potential investors hooked up by Zoom

The three partners went out to an early dinner, and then Ross was dropped off at the hotel.

Ross called Kayley.

"Your voice does not sound right. What's wrong? I hope you are feeling okay" Kayley said.

"A bit dizzy, but the nurse is in the next room if I need her. I'm okay. There is something else. Our supposed "Bonanza" in Canada with John Saver seems to have hit a snag, when he is demanding that he basically set his own terms on each individual deal we do, instead of a consistent cut on each deal. That will be time, effort, and wasted business time and emotional effort. We are going to try to have one conference call tomorrow to iron out our differences, and if not, the whole thing will be called off" Ross said, resigned but clearly disappointed.

"Oh, Ross. I'm sorry. Its almost like you went there for nothing" Kayley said.

"No, we are still going to do two shows, and maybe buy a company we are looking at. The Canada thing would be very disappointing, but at this point it's a New Years Eve celebration compared to certain things that have happened like with Fish, Tazzio, etc. " Ross said.

"Ross, please dont think of Tazzio. Alan Hell and his men are taking care of Tazzio for you. We agreed on this" Kayley said quietly.

"Kale, I was using it as an example. Tazzio is the furthest person from my mind right now. Right now I want to see if we can figure this out with Saver, do my work down here, and get out of here" Ross said.

"Good thoughts, Good Night, and Sweet Dreams, VP loves you" Kayley said.

"Energy Boy loves VP. Talk to you tomorrow night" Ross said.

After a decent night;'s sleep, Ross met Fritz and Steve for breakfast. The three partners went to the field outside of OKC. Due to Ross's health, they managed to squeeze in a morning, and afternoon in person and Zoom show for 100 potential people each that day, which were the two shows. This way, there would be no more field work.

When they got back to the office, the secretary informed them that John Saver had called, and wanted to make the conference call at 10 am the next day. Ross, Fritz, and Steve were not happy with this, but, they agreed that this was his last chance, especially considering the terms they found out about, and that if Saver did not make the call on time, and agree to change the terms, it would be "Goodbye, Mr Saver, No Deal"

Ross, Fritz and Steve went out to dinner with a less than thrilled feeling about them. The field show was nothing compared to what might, and might not be with Saver.

The next morning, at 10 am, at RFS office, Ross, Fritz and Steve all sat on a conference call with Saver.

"Guys, I've been thinking about it. From your point of view, I can see why I would be uncomfortable with the terms I was trying to set. So, this is what I would like. Go back to the original, simple terms. We each split any deal that you do as a result of me and or my contacts, four ways. In turn, I will take only five percent of RFS. This way, I get a simple equal cut on any deal I give you, and just a tiny piece of RFS. I will not change these terms again, and will sign any contract you guys want to finalize this, and get us moving. I want us to do business together" John said.

"John, thank you. Those sound like very reasonable terms. Ross will be going back to New York tomorrow. After that, let's say we talk in two or three days again to finalize the terms, and then we have the lawyers draft up and sign the papers" Steve said.

"Just fine. Talk to you guys soon" John said.

The call ended, Ross sighed, and then said. "Okay, so hopefully we now have a significant road into Canada. Straight, simple, no BS , and no Fish. Whatever happens with the company we are looking at tomorrow, and or the shows we did today, if we can pull this off with Saver, it would be a slam dunk win" Ross said.

After the call with Saver, the men decided to postpone the call with the person about the potential company. Fritz and Steve knew full well that Ross had pushed himself to go down to OKC, and wanted him "Home in one piece"


Ross agreed, went back to the hotel, packed, and was able to make a 3 pm flight out of OKC, which, with change over, landed at JFK at 8. Ross was in the door at 9, and the VP was waiting for him.

"HMM, this is nice and early. I did not expect you until tomorrow" Kayley said, kissing Ross.

"I'm home for three reasons. One, I missed you. Two, Fritz and Steve knew I was not feeling great, and told me to come home, and three, we accomplished the major things we had to. The potential company buy we can either do by Zoom or when I go next month, it is not essential" Ross said.

"What is essential is that I'm thrilled you are home. How about a joint shower?" Kayley said.

"Yes, VP. If I can please postpone any loving or submission until tomorrow night. Market and Energy Boy really is beat" Ross appealed.

Kayley saluted Ross. "But of course, my loving sub and switch" Kayley said as they both laughed.

Ross got a good night's sleep. The next day, when Kayley was getting dressed, Ross decided that since he was feeling okay, and had gotten home at a reasonable hour, he could go in. Ross appealed to the VP.

"I feel okay,. I promise I will be home around the time you get home. I'm not going to set the world on fire, just look at whatever info came, and call Mel , okay?" Ross said.

Kayley kissed Ross. "VP says, okay, but you owe me tonight!" Kayley reminded him.

Ross rubbed noses with Kayley "But of course., VP" As they both laughed.

Ross went into the shower, jumped into slacks, a blue shirt with a tie in pocket, and navy blazer and headed toward the office.

When Ross entered the office, everyone seemed surprised to see him, and had looks of "apprehension in their eyes"

"Ah, hi. Okay, if I need an explanation as to why I'm home in my own company office a day earlier, a meeting got canceled, I got finished early in OKC yesterday, and felt fine to come in, now may we please go about our business, and will people please clue me in on what I missed while I was gone" Ross said, in a very even tone.

Vic approached Ross with an envelope. "Ross. please let';s go into your office, drink iced tea, and sit down. I have something to tell you that I did not want to on the phone" Vic said.

Vic and Ross went into Ross's office, Vic closed the door, Ross sat down, and Vic handed him the iced tea, and the papers.

Ross, who had a smile on his face, opened the envelope, looked at the papers, and his smile faded to a look somewhere between horror and fury.

The content of the papers "Had to do with Tazzio" and the lawsuit that Alan Hell told Ross not to worry about.

Just what did the papers that "Had to do with Tazzio" say?

That would be seen.
 
he also wants to set. "Sliding consideration" of different percentages, on each deal or show, or what not, that we do because of the information and wells he tipped us off on
This sounds like a swindle to me.
I can see why I would be uncomfortable with the terms I was trying to set. So, this is what I would like. Go back to the original, simple terms. We each split any deal that you do as a result of me and or my contacts, four ways.
Good, he backed off on those terms.

You said once that maybe Tazzio knew some people. It may be time for Ross to hire some people to make sure that Tazzio "swims with the fishes" and is never seen again.
 
If John Saver did not back off on his original terms, it would have been a global loss for all involved. Saver realized that to go forward on a profitable deal for all, is better than the deal collapsing with no money made at all for anyone

LOL. You really want Tazzio dead dont you? Maybe you are tired of hearing about him.

Let me think about the best way to do such. Tazzio could meet his ultimate fate, but it does not mean that Ross or anyone who Ross knew would do it. Undoubtedly Tazzio has screwed others. I will just have to think.

More to come tomorrow night or Friday, depending on how things go.
 
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