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<br /> to ensure positive cash flow right now. He asked what the board's posture would <br />e be if the company were profitable now. Mr. Short said that there would not be <br /> the pressure on the board to petition for liquidation. Mr. Delay asked how <br /> the creditors' committee would feel if the company were making a profit but it <br /> was unclear how they would repay the debts. He asked if the creditors would <br /> allow additional time. Mr. Giustina responded that they could as they have a <br /> great deal of flexibility. If MSI does not produce a plan, then the creditors' - <br /> committee will. Chapter 11 bankruptcy allows alternatives. The creditors could <br /> take stock in the company or the debts could be amortized over a five-year <br /> period with the balance due in five years. However, they would not be willing <br /> to do this if the company is continuing to lose money. <br /> Mr. Delay asked about the MSI Amarillo, Texas, operation. Mr. Morgan stated <br /> that the Amarillo bank froze the assets and appointed trustees. The Amari 110 <br /> area has forced a different emergency service provider each year to go broke for <br /> the last four years. People in Texas do not pay medical bills. <br /> Mr. Obie asked how long the board has been involved. Mr. Morgan stated that the <br /> board was formed in June;, he has been involved for three weeks. <br /> Mr. Lieuallen asked what Mr. Leonard's current role is. Mr. Morgan said that <br /> Mr. Leonard had tendered verbal resignation as chair of the board of directors <br /> this morning. Mr. Morgan stated that a voting trust was established for stock; <br /> he votes one-third, Mr. Leonard votes one-third, and the attorneys are holding <br /> the other third. Mr. Leonard has the right to draw the same salary and is paid <br /> for consulting services. Mr. Lieuallen asked what happened that it will take <br /> five years to reoganize. Mr. Morgan stated th.at MSI has been subsidizing their <br />e service for two years. They got out of step with inflation by 1976. There have <br /> been many changes in the technology in the past ten years. Inflation in the <br /> medical field has been 10 to 15 percent. Ambulances businesses are in trouble <br /> allover the United States. <br /> Ms. Smith asked if it was possible to continue developing a plan if no decision <br /> is made today. Mr. Jarvill stated that the board's decision this morning is <br /> based on his legal advice. He said that they cannot continue the status quo <br /> and wait for a decision next week because there would not be adequate time for <br /> preparation of their plan. The attitudes about the validity of the Touche Ross <br /> study are of concern to them. They have used this study as a basis. . If the <br /> Touche Ross report is being questioned, he does not know where that will leave <br /> them. Due to these concerns, he advised the board to liquidate tomorrow if MSI <br /> is not guaranteed an increase today. Retirement of the debt over five years <br /> will not be from increased rates; it will be from a return on capital. The <br /> number of employees has been cut from more than 80 to 68. Costs have been <br /> decreased. . Ms. Smith asked Mr. Jarvill if he was aware of the staff's recom- <br /> mendation to delay one week when he gave his legal advice to the board this <br /> morning. Mr. Jarvill indicated that he had thought that that might be the case. <br /> If the rate increase is granted and more information is obtained so the council <br /> decides later they want to lower the rate, then the rates could be lowered as <br /> this temporary rate increase will not be binding. Mr. Short stated they are <br /> looking at selling the building and receiving a permanent infusion of capital...... <br /> In,order to ask people to put in capital they need to have the rates increased. <br /> Investors are very concerned about the tenuous situation at this time. <br />e <br /> MINUTES--Eugene City Council October 15, 1980 Page 7 <br /> - - - <br />