Picasso agreement - question
[{"sender": "Melanie Spinella", "recipients": ["Brad Wechsler", "Jeffrey Epstein (jeevacation@gmail.com)"], "timestamp": "Fri, May 1, 2015 at 12:27 PM", "subject": "Picasso agreement - question", "body": "Brad and Jeffrey,\n\nGagosian has one final change to the Picasso agreement. As you know, we have structured this agreement with the Buyer as either Narrows Holdings LLC or AP Narrows LP, and given both of those entities the right to assign the agreement to any one among Leon, Debra, the kids, or family trusts including APO1 and APO2.\n\nGagosian wants us to agree that, if Narrows/AP Narrows assigns the agreement to someone else, Narrows/AP Narrows “shall not be discharged from its liabilities under this Agreement and shall remain primarily liable to Seller.” Larry is concerned that we might assign to the Black kids or to a trust that has no assets, and then when he has to sue us because we don’t make the final payment of the purchase price but have possession of the art, the entity/person to which we have assigned the agreement has no money.\n\nI think this is a valid concern and that we should agree to it.\n\nHowever, Ada just reminded me that it is possible that Narrows/AP Narrows (really, Leon’s) agreeing to effectively guarantee payment by the assignee might be considered a gift to the assignee. In the discussions with Alan about rearranging the bank loan once AP Narrows is operational, Alan agreed that there could be deemed to be a potential gift from Leon to APO1/APO2 if Leon provides a guarantee to the bank that is for the benefit of the trusts as partners in AP Narrows. Alan suggested mitigating this risk by having the trusts sign side agreements with Leon which say that if AP Narrows defaults on the loan and the bank goes after Leon on his guarantee, the trusts will make him whole.\n\nThis issue only arises if we assign the agreement. The risk is also limited in time because it would run from the moment we assigned the agreement until the final payment is made, which even if we assigned immediately after signing, would only be 11 1/2 months.\n\nShall I agree to Gagosian’s request that Narrows/AP Narrows remain liable even if they assign the agreement?\n\nI’m in the office if you would like to discuss this, but I would love to get back to Gagosian ASAP so we can have this agreement signed today.\n\nThanks,"}, {"sender": null, "recipients": ["Melanie Spinella"], "timestamp": "Fri, May 1, 2015 at 7:08 PM", "subject": "Fwd: Picasso agreement - question", "body": "silly"}, {"sender": null, "recipients": [], "timestamp": null, "subject": "Picasso agreement - question", "body": "your personal bottom line has increased dramatically, if you had thought of me as your partner in this endeavor , instead of an employee, i think your reaction to sharing t benefits would be different.\n\nIf you recall, you wanted me to be paid , unlike others at the END of my work. we discussed this ad nauseum, and agreed OCT 15, last year was the end. You had wanted more comfort initially on the art partnership so that date was delayed. It has now been six monhts since then, your concept of aftercare. . for free. was already unique , in your words this has to have an end.( weaned ) if the actions of josh and\n\nmark led to one hundred million dollars , what would be their share. Im not sure why it is different in your mind. but i respect the fact that it is, Is it because their work seems harder. it cannot be simply because they devote more time to you .or it appears to involve more effort. Iam happy to continue to play a partnership role. as I have been in many areas of your life.. I am also happy to move on and have no more of these emails. I find them as tedious as you do . if you prefer a partnership structure , ok with me, I tried to minimize the amount of money i would recieve by making it a flat fee . as i wanted you to feel good and have no second thoguths somehow if the payment comes from a partnership structure you seem relaxed as opposed to writing acheck, I focus on trust and friendship first, and the fact that you don't include josh and mark in that category, gives me great pause . I proposed 33 percent of money made for you. . in the past you agreed that amount. it will be huge, but ok with me, Ican talk today at 945 as you suggested. or if you woud1 rather over the weekend ok"}]