Proposal for Mike A.
#1
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Proposal for Mike A.
Okay, Mr. A. Try this one on for size:
How about you put your plan together; I'll put my plan together; we'll both attach by-laws that implement the plan AFTER they have been reviewed by New York attorneys familiar with NY Not-for-Profit corporations law and have given a written opinion that, if enacted, the By-Laws would be valid under NY law and we submit BOTH, to the members via regular mail with a ballot and let them choose. Which ever plan gets the most votes, we then conduct an election for ALL Board members according to the terms of the ByLaws adopted by the members and that BOD will then run the APBA.
Two requirements however: (1) if 100 (or more) members show up to the annual meeting and a majority (or two-thirds, as either way is cool with me) of them want to change the By Laws, there must be a provision in both sets of ByLaws that they can do this (NY law would allow this); (2) Both by laws must have a specific provision allowing the APBA to pursue any claims it might have against the LLC without any interference by you or your company. If you're right about not owing any money, obviously you'll convince the arbitrators of that so this shouldn't be a problem.
Notice there is no requirement that you dismiss the lawsuit against me in Florida (cause I'm quite sure it's frivolous and that it'll terminate in my favor even if tried on the merits). Let's see if you're as confident about your position regarding your license.
What do you say? 14-H
How about you put your plan together; I'll put my plan together; we'll both attach by-laws that implement the plan AFTER they have been reviewed by New York attorneys familiar with NY Not-for-Profit corporations law and have given a written opinion that, if enacted, the By-Laws would be valid under NY law and we submit BOTH, to the members via regular mail with a ballot and let them choose. Which ever plan gets the most votes, we then conduct an election for ALL Board members according to the terms of the ByLaws adopted by the members and that BOD will then run the APBA.
Two requirements however: (1) if 100 (or more) members show up to the annual meeting and a majority (or two-thirds, as either way is cool with me) of them want to change the By Laws, there must be a provision in both sets of ByLaws that they can do this (NY law would allow this); (2) Both by laws must have a specific provision allowing the APBA to pursue any claims it might have against the LLC without any interference by you or your company. If you're right about not owing any money, obviously you'll convince the arbitrators of that so this shouldn't be a problem.
Notice there is no requirement that you dismiss the lawsuit against me in Florida (cause I'm quite sure it's frivolous and that it'll terminate in my favor even if tried on the merits). Let's see if you're as confident about your position regarding your license.
What do you say? 14-H
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Originally posted by yourconscience
don't they have e-mail for this??
don't they have e-mail for this??
#6
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Originally posted by Too Old
Posting these things on a public forum seems insincere.
Posting these things on a public forum seems insincere.
Second, I'm curious why you all of a sudden popped out of the woodwork, relatively speaking, in such an audacious and fiesty manner. There must be over a dozen new threads attempting to discredit and mame the Offshore LLC and/or Mike A. in the last week or two
Is it fear? Over-Confidence? A last-ditch effort to gain favor? Judge taking too long? What is it? To what honor do we owe your presence?
After all, this is OffshoreOnly, and quite frankly, I don't get the impression that you really have good intentions for the welfare of the current OS LLC. That doesn't sit well with a great many of us, who happen to think it's a fine racing series. Proof is in the participation, it's in the venues, it's in the crowds that gather and the multitudes of media outlets covering the events, big sponsors, big race rivalries, and a undeniable growth in market share.
Go to any search engine of your choice and Type in APBA. 9 out of 10 hits will be for the Offshore LLC.
It's one of the APBA's most recognizable events along with Unlimited Hydroplane racing. Let's face it, Offshore was broke and losing favor quickly in the late 90's, Mike and his partners came in and fixed it beyond most expectations, now it's appealing again, isn't it?
Not to mention the Merc rep. on the board...I'm sure he just loved it when GM got involved...what's his name, Hauenstein?(sp)
By the way, Mike's plans are already done! They've been done. Where's yours???
Have a nice day.
#8
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That is a duel. A three year long duel.
I don't like the idea of further fracturing the sport or the number of boats at the events. But if this is what it takes to stop the fighting, then I'm all for it.
Let the best plan and execution thereof survive.
I don't like the idea of further fracturing the sport or the number of boats at the events. But if this is what it takes to stop the fighting, then I'm all for it.
Let the best plan and execution thereof survive.