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Deposition of Scott Rothstein re - Trustee Services

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1 very long period <strong>of</strong> time.<br />

Page 49<br />

2 Q. So going back to this deal, which is<br />

3 <strong>re</strong>fe<strong>re</strong>nced in the e-mail which is 00203 with the<br />

4 subject line Picou loan. Was it your understanding<br />

5 that this was structu<strong>re</strong>d as a loan?<br />

6 A. Yes.<br />

7 Q. Do you know whether or not Mr. Tonacchio<br />

8 and/or Mr. Lipsitz understood that it was structu<strong>re</strong>d<br />

9 as a loan?<br />

10 MR. SALIM: Form.<br />

11 THE WITNESS: That's the way I pitched it,<br />

12 as a loan.<br />

13 BY MR. GAY:<br />

14 Q. If you'd look at Document 00178. Let me<br />

15 know when you have that in front <strong>of</strong> you.<br />

16 MR. SALIM: What number?<br />

17 MR. GAY: 178.<br />

18 THE WITNESS: I have that.<br />

19 BY MR. GAY:<br />

20 Q. Do you <strong>re</strong>cognize that document?<br />

21 A. I do.<br />

22 Q. Can you tell me what it is, please.<br />

23 A. It's a promissory note that I c<strong>re</strong>ated<br />

24 <strong>re</strong>lative to the Picou loan.<br />

25 Q. And that promissory note set forth the same

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