F:\WP\VICTOR\MAMTEK\BRUCE COLE\COLE ADVERSARY\ADVERSARY COLE FIRST AMENDED FINAL.DOC
Trustee (the "Trustee").10.
On January 9, 2012, the Court entered the Order for Relief under Chapter 7 in the above-captioned case.11.
Bruce Cole was the president and CEO of Mamtek US, Inc. at all times pertinent to theallegations in this Complaint.12.
As CEO and president of the Debtor, Bruce Cole was and is an insider of the Debtor as thatterm is used in Section 101 of the Bankruptcy Code.13.
At all times pertinent to the allegations in this Complaint, Bruce Cole was a fiduciary of Mamtek US, Inc.14.
At all times pertinent to the allegations in this Complaint, Bruce Cole was an officer anddirector of Mamtek International, Ltd., a Hong Kong corporation which was related toMamtek US, Inc.15.
Mamtek US, Inc. is a Delaware corporation which was incorporated on May 17, 2010.16.
At all times pertinent to the allegations in this Complaint, Mamtek US, Inc’s. principal placeof business was in Moberly, Randolph County, Missouri.17.
Shortly after Mamtek US, Inc. was formed, the Industrial Development Authority of theCity of Moberly, Missouri issued $39,000,000 worth of bonds which were to be used toconstruct a 90,000 square foot factory to produce sucralose, an artificial sweetener, inMoberly, Missouri (the “Manufacturing Facility”).18.
This Manufacturing Facility was to be constructed by Mamtek US, Inc.19.
The Manufacturing Facility was to be the property of the City of Moberly, Missouri. So long as Mamtek US, Inc. was not in default of its obligations under its agreements with the City of Moberly, Missouri and UMB Bank, N.A. relating to the bonds, Mamtek US, Inc. was tohave to the right to use the Manufacturing Facility. Once Mamtek US, Inc. repaid the
Case 11-22092-drd7 Doc 99 Filed 05/24/12 Entered 05/24/12 14:34:34 Desc MainDocument Page 3 of 32