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Form #804Addenda - Capital Standard
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Capital Standard Addendum to "XYZ" Corporation. Dealer Sales and Service Agreement - Free Legal Form
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Download This Form
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Printer Friendly Version
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Addenda—Capital
standard.
CAPITAL
STANDARD ADDENDUM TO _________ CORPORATION
Dealer
Sales and Service Agreement
This Capital Standard Addendum is executed
effective as of _________ pursuant to Section F of Article II of the Dealer
Sales and Service Agreement in effect between Manufacturer and Dealer.
An explanation of the purposes and
objectives of the Manufacturer Dealers Capital Standard Program is provided on
the reverse side of this form.
Dealer and Manufacturer agree as follows:
(1). The actual dealer net working capital to be
compared to the standard is defined on the reverse side.
(2). Manufacturer has determined that the minimum net
working capital required by Dealer to properly conduct complete Dealership
Operations is $_____.
(3). Dealer has established, or will, within a
reasonable time, establish and maintain actual dealer net working capital in an
amount not less than the minimum amount specified in Paragraph (2) above.
|
_________Dealer Firm
Name
|
MANUFACTURER
CORPORATION
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_________CityState
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By _________Signature
and Title
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By _________
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By _________Signature
and Title
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_________ Manager
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By _________Signature
and Title
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_________ Division
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DEALERS
CAPITAL STANDARD PROGRAM
Manufacturer has endeavored, through the Manufacturer
Dealers Capital Standard Program to help dealers develop sound financial
positions. Over the years, this Program has contributed substantially to the
effectiveness and relative permanency of Manufacturer's dealers as a whole.
The purpose of the Manufacturer Dealers Capital
Standard Program is to establish the minimum amount of regularly needed net
working capital which should be provided by the owners through capital stock,
other investment and earnings.
A minimum net working capital standard is established
for each dealer based on the dealership operations it is expected to conduct
under its Dealer Sales and Service Agreement(s). A dealer having actual net
working capital equal to the standard established for the dealership operations
contemplated at its dealership location should have net working capital
sufficient to operate through normal variations in the business cycle, provided
its management prudently maximizes the use of those funds.
Net working capital, as it is commonly understood, is
the difference between current assets and current liabilities without reference
to the source from which the working capital has been obtained. As used here,
however, the actual dealer net working capital to be compared to the standard
shall be determined by subtracting Total Liabilities, with the exception of
those noted below, from the sum of Total Current Assets and the book value of
Driver Training Vehicles and Lease and Rental Units.
Those liabilities which are not subtracted
are:
(1). Long term notes payable which meet the following
criteria:
a. The note must be payable to the owner of a
substantial equity interest.
b. Principal payments must be restricted to profits.
c. The amount to be excluded is limited to _________
percent of the standard.
This exception is made because an owner
would be less inclined to collect a note payable at maturity than an outside
creditor when payment of such a note would place the dealership in financial
jeopardy.
(2). Long term notes payable secured by real property.
This exception is made because dealers are
not required to own land and buildings which they use. Many dealers, however,
elect to acquire and hold title to all or a portion of such real property,
thereby investing a portion of the total equity capital in land and buildings
which would otherwise be available for working capital purposes.
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regading how we deal with your email. We pledge that we will:
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Submissions to this site, including any legal or business forms, posts, responses
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not be construed as legal advice. You are strongly encouraged to consult competent
legal council before engaging in any action based upon content contained on this
site.
These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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