-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, D5fcz9zzAPRVw+iblgKpUaku1XhJKflg6VNGwwLiG99/KslXVG8NkAO34bLyHDYz zdo69fyOjLbdZLR6LXxUkg== 0001144204-06-018239.txt : 20060503 0001144204-06-018239.hdr.sgml : 20060503 20060503161433 ACCESSION NUMBER: 0001144204-06-018239 CONFORMED SUBMISSION TYPE: SC 13D PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20060503 DATE AS OF CHANGE: 20060503 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: HARVEY ELECTRONICS INC CENTRAL INDEX KEY: 0000046043 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-RADIO TV & CONSUMER ELECTRONICS STORES [5731] IRS NUMBER: 131534671 STATE OF INCORPORATION: NY FISCAL YEAR END: 1101 FILING VALUES: FORM TYPE: SC 13D SEC ACT: 1934 Act SEC FILE NUMBER: 005-03251 FILM NUMBER: 06804059 BUSINESS ADDRESS: STREET 1: 205 CHUBB AVENUE CITY: LYNDHURST STATE: NJ ZIP: 07071 BUSINESS PHONE: 2018420078 MAIL ADDRESS: STREET 1: 205 CHUBB AVENUE CITY: LYNDHURST STATE: NJ ZIP: 07071 FORMER COMPANY: FORMER CONFORMED NAME: HARVEY GROUP INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: HARVEY RADIO CO DATE OF NAME CHANGE: 19700731 FORMER COMPANY: FORMER CONFORMED NAME: HARVEY RADIO CO INC DATE OF NAME CHANGE: 19690918 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: INTEREQUITY CAPITAL PARTNERS LP ET AL CENTRAL INDEX KEY: 0000893671 IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: SC 13D BUSINESS ADDRESS: STREET 1: 220 FIFTH AVE CITY: NEW YORK STATE: NY ZIP: 10001 BUSINESS PHONE: 2127792022 SC 13D 1 v041988_sc13d.txt -------------------------- OMB APPROVAL -------------------------- OMB Number: 3235-0145 -------------------------- Expires: December 31, 2005 -------------------------- Estimated average burden hours per response. . . 11 -------------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 HARVEY ELECTRONICS, INC. - -------------------------------------------------------------------------------- (Name of Issuer) COMMON STOCK, $0.01 PAR VALUE - -------------------------------------------------------------------------------- (Title of Class of Securities) 417660107 - -------------------------------------------------------------------------------- (Cusip Number) U.S. Small Business Administration, as Receiver for InterEquity Capital Partners, LP Attn: Charles P. Fulford, Principal Agent 666 11th Street, Suite 200 Washington, D.C. 20001 Telephone No.: (202) 272-2858 - -------------------------------------------------------------------------------- (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) April 3, 2001 - -------------------------------------------------------------------------------- (Date of Event Which Requires Filing of this Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of ss.ss.240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. |_| Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See ss.240.13d-7 for other parties to whom copies are to be sent. The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). CUSIP No. 417660107 Page 2 of 6 13D - -------------------------------------------------------------------------------- 1. U.S. Small Business Administration, Identification Nos. of above as Receiver for I.R.S. persons (entities only): InterEquity Capital Partners, LP EIN for InterEquity Capital Partners, LP is: 13-3694593 - -------------------------------------------------------------------------------- 2. Check the Appropriate Box if a Member of a Group (See Instructions): (a) |_| (b) |X| - -------------------------------------------------------------------------------- 3. SEC Use Only: - -------------------------------------------------------------------------------- 4. Source of Funds (See Instructions): OO - -------------------------------------------------------------------------------- 5. Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e): |_| - -------------------------------------------------------------------------------- 6. Citizenship or Place of Organization: InterEquity Capital Partners, LP is a Delaware limited partnership - -------------------------------------------------------------------------------- 7. Sole Voting Power: 486,499* shares of Common Stock, $0.01 par value Number of Shares ---------------------------------------------------------- Beneficially Owned by Each Reporting 8. Shared Voting Power: Person With -0- ---------------------------------------------------------- 9. Sole Dispositive Power: 486,499* shares of Common Stock, $0.01 par value ---------------------------------------------------------- 10. Shared Dispositive Power: -0- - -------------------------------------------------------------------------------- 11. Aggregate Amount Beneficially Owned by Each Reporting Person: 486,499* shares of Common Stock, $0.01 par value - -------------------------------------------------------------------------------- CUSIP No. 417660107 Page 3 of 6 13D - -------------------------------------------------------------------------------- 12. Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions): |_| - -------------------------------------------------------------------------------- 13. Percent of Class Represented by Amount in Row (11): 12.2%** of Common Stock, $0.01 par value - -------------------------------------------------------------------------------- 14. Type of Reporting Person (See Instructions): - -------------------------------------------------------------------------------- * Item 5 of this Schedule 13D identifies the only source of information the Reporting Person has relied upon to complete this Schedule 13D. To the knowledge of the Reporting Person, InterEquity has not entered into any type of agreement, contract, trust or other arrangement pursuant to which the Reporting Person or InterEquity may be deemed the beneficial owner of more or fewer shares of Common Stock than indicated herein. ** This figure was calculated based upon 3,995,083 shares of Common Stock issued and outstanding. The total number of issued and outstanding shares of Common Stock includes (i) 3,508,584 shares of Common Stock which is the total number of shares of Common Stock of the Issuer issued and outstanding as of the date of this Schedule 13D according to the Issuer's 10-K filing for the period ending December 29, 2005, plus (ii) 486,499 shares of Common Stock beneficially owned by the Reporting Person issuable upon conversion of the 600 shares of 8.5% Cumulative Convertible Preferred Stock of the Issuer. INTRODUCTION On April 3, 2001, the U.S. Small Business Administration was appointed receiver (sometimes referred to herein as the "Receiver") for InterEquity Capital Partners, LP ("InterEquity") pursuant to a Consent Judgment and Consent Order Granting Injunctive Relief and Appointing the U.S. Small Business Administration Receiver of Defendant entered by the United States District Court for the Southern District of New York in the action styled United States of America, on behalf of its agency, the U.S. Small Business Administration v. InterEquity Capital Partners, LP, Case No. 01-CIV-2452 (the "Order"). The U.S. Small Business Administration, as Receiver for InterEquity Capital Partners, LP (sometimes referred to herein as the "Reporting Person") hereby files this statement on Schedule 13D (this "Schedule 13D") to report the acquisition on April 3, 2001 of beneficial ownership of shares of common stock, $0.01 par value (the "Common Stock"), of Harvey Electronics, Inc., a New York corporation (the "Issuer") as a result of the Order. The information contained in this Schedule 13D regarding InterEquity and the shares of Common Stock that may be beneficially owned by the Reporting Person is based on the information contained in the Issuer's documentation filed with the Securities and Exchange Commission and the books, records and accounts for InterEquity that have been provided by the management of InterEquity to the Receiver pursuant to the terms of the Order. Item 1. Security and Issuer. The class of equity securities to which this Schedule 13D relates is the Common Stock of the Issuer. The principal executive offices of the Issuer are located at 205 Chubb Avenue, Lyndhurst, New York 07071. CUSIP No. 417660107 Page 4 of 6 13D Item 2. Identity and Background. (a)-(c) and (f) The Reporting Person filing this Schedule 13D is: On April 3, 2001, the U.S. Small Business Administration was appointed as Receiver for InterEquity pursuant to a Consent Judgment and Consent Order Granting Injunctive Relief and Appointing the U.S. Small Business Administration Receiver of Defendant entered by the United States District Court for the Southern District of New York in the action styled United States of America, on behalf of its agency, the U.S. Small Business Administration v. InterEquity Capital Partners, LP, Case No. 01-CIV-2452. The U.S. Small Business Administration is an agency created by and validly existing under the laws of the United States of America, and its principal business address is 666 11th Street, N.W., Suite 200, Washington, D.C. 20001. All of the securities to which this Schedule 13D relates are beneficially owned for the pecuniary benefit of InterEquity Capital Partners, LP. InterEquity is a limited partnership organized under the laws of the State of Delaware. InterEquity is a small business investment company licensed by the U.S. Small Business Administration. The current principal address for InterEquity Capital Partners, LP is c/o U.S. Small Business Administration, Attn: Charles P. Fulford, Principal Agent, 666 11th Street, N.W., Suite 200, Washington, D.C. 20001. (d) and (e): Neither the U.S. Small Business Administration, nor the authorized agent acting on behalf of the U.S. Small Business Administration, has (i) been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), or (ii) been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceedings was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violations with respect to such laws. InterEquity is a defendant in the action styled United States of America, on behalf of its agency, the U.S. Small Business Administration v. InterEquity Capital Partners, LP, Case No. 01-CIV-2452. As such, InterEquity is subject to a Consent Judgment and Consent Order Granting Injunctive Relief and Appointing the U.S. Small Business Administration Receiver of Defendant entered on April 3, 2001. To the best of the Reporting Person's knowledge, InterEquity is not subject to any other proceedings that may be reportable under this Item. Item 3. Source and Amount of Funds or Other Consideration. InterEquity acquired 600 shares of 8.5% Cumulative Convertible Preferred Stock of the Issuer (the "Preferred Stock") in conjunction with the Issuer's reorganization, effective October 26, 1996. Prior to January 1, 2001, 50% of the Preferred Stock was convertible at a price of $6.00 per share and 50% of the Preferred Stock was convertible at $7.50 per share. Commencing on January 1, 2001, each share of Preferred Stock became convertible into shares of Common Stock at a conversion price equal to the average of the closing bid price of one share of Common Stock over the 45 trading days preceding January 1, 2001, if traded on the NASDAQ Capital Market. This new conversion price was set at $1.2333 on January 1, 2001. Item 4. Purpose of Transaction. Pursuant to an Order Appointing Receiver entered on April 3, 2001 by Judge Preska of the United States Court for the Southern District of New York, the Reporting Person acquired beneficial ownership for the purposes of Section 13(d) of the Securities Exchange Act of 1934 of all of the property, including the Common Stock to which this Schedule 13D relates. CUSIP No. 417660107 Page 5 of 6 13D As of the date of this filing, the Reporting Person, in its receivership capacity, is actively considering (i) selling some or all of the Preferred Stock; or (ii) converting the Preferred Stock into Common Stock and selling some or all of the Common Stock. The Reporting Person does not currently have any plans or proposals that relate to or would result in: (i) the acquisition by the Reporting Person of additional securities of the Issuer or the disposition of securities of the Issuer; (ii) an extraordinary corporate transaction, such as a merger, reorganization or liquidation, involving the Issuer; (iii) a sale or transfer of a material amount of assets of the Issuer; (iv) any change in the present board of directors or management of the Issuer, including any plans or proposals to change the number or term of directors or to fill any existing vacancies on the board; (v) any material change in the present capitalization or dividend policy of the Issuer; (vi) any other material change in the Issuer's business or corporate structure; (vii) changes in the Issuer's charter, bylaws or instruments corresponding thereto or other actions which may impede the acquisition of control of the Issuer by any person; (viii) causing a class of securities of the Issuer to be delisted from a national securities exchange or to cease to be authorized to be quoted in an interdealer quotation system of a registered national securities association; (ix) a class of equity securities of the Issuer becoming eligible for termination of registration pursuant to Section 12(g)(4) of the Securities Exchange Act of 1934; or (x) any action similar to any of those enumerated above. Item 5. Interest in Securities of the Issuer. (a) Pursuant to the terms of the Order, management for InterEquity provided the Reporting Person in its capacity as Receiver, with the corporate books, accounts and records of InterEquity. Based on the information provided by the management of InterEquity and as disclosed in the Issuer's filings with the Securities and Exchange Commission, the Reporting Person beneficially owns 600 shares of Preferred Stock, which were acquired in connection with the Issuer's reorganization in October 1996. The Preferred Stock may be converted at any time without payment of further consideration into an aggregate of 486,499 shares of Common Stock. The Common Stock represents an aggregate beneficial ownership of approximately 12.2% of the 3,995,083 shares of Common Stock issued and outstanding. The total number of issued and outstanding Common Stock includes (i) 3,508,584 shares of Common Stock, which is the total number of shares of Common Stock of the Issuer issued and outstanding according to the Issuer's 10-K filing for the period ending December 29, 2005, plus (ii) 486,499 shares of Common Stock beneficially owned by the Reporting Person issuable upon conversion of the 600 shares of Preferred Stock of the Issuer. (b) The Reporting Person is the sole person with voting and dispositive power with regard to the 486,499 shares of Common Stock of the Issuer described in this Schedule 13D. (c) There have been no transactions effected during the past 60 days by the Reporting Person or InterEquity with respect to this class of securities. (d) Not applicable. (e) Not applicable. Item 6. Contracts, Arrangements, Understandings or Relationships With Respect to Securities of the Issuer. There are no contracts, arrangements, understandings or relationships (legal or otherwise) between the Reporting Person and any person, with respect to any securities of the Issuer, including, but not limited to, transfer or voting of any of the securities of the Issuer, finder's fees, joint ventures, loan or option arrangements, puts or calls, guarantees of profits, division of profits or loss or the giving or withholding of proxies. CUSIP No. 417660107 Page 6 of 6 13D To the Reporting Person's knowledge, there are no contracts, arrangements, understandings or relationships (legal or otherwise) between InterEquity and any person, with respect to any securities of the Issuer, including, but not limited to, transfer or voting of any of the securities of the Issuer, finder's fees, joint ventures, loan or option arrangements, puts or calls, guarantees of profits, division of profits or loss or the giving or withholding of proxies. Item 7. Material to be Filed as Exhibits. 1. Order of the United States District Court for the Southern District of New York in the action styled United States of America, on behalf of its agency, the U.S. Small Business Administration v. InterEquity Capital Partners, LP, Case No. 01-CIV-2452, dated April 3, 2001. 2. Certificate of Amendment of the Certificate of Incorporation of Harvey Electronics, Inc. dated December 1997 incorporated by reference to Exhibit 3.1.2 to the Issuer's Form SB-2 filed with the Securities and Exchange Commission on December 12, 1997 (File No. 333-42121). SIGNATURE Subject to the information set forth in the Introduction hereof, after reasonable inquiry and to the best of its knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete and correct. Date: May 2, 2006 U.S. Small Business Administration, as Receiver for InterEquity Capital Partners, LP By: /s/ Thomas G. Morris ------------------------------------ Name: Thomas G. Morris Title: Director, Office of SBIC Liquidation, SBA EX-7.1 2 v041988_ex7-1.txt EXHIBIT 7.1 WILLIAM B. YOUNG (WB9160) Assistant United States Attorney 1 Pierrepont Plaza, 14th Floor U.S. District Court Brooklyn, NY 11201 Filed April 3, 2001 (718) 254-6057 S.D. of N.Y. ARLENE M. EMBREY (AE9718) Trial Attorney United States Small Business Administration 409 3rd Street, S.W., 7th Floor Washington, D.C. 20416 (202) 205-6976 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - ----------------------------------------- ) UNITED STATES OF AMERICA, ) on behalf of its agency, ) the United States Small Business ) Administration, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 01-2452 ) INTER-EQUITY CAPITAL ) PARTNERS, LP, ) ) Defendant. ) ) ) - ----------------------------------------- CONSENT JUDGMENT AND CONSENT ORDER GRANTING INJUNCTIVE RELIEF AND APPOINTING THE UNITED STATES SMALL BUSINESS ADMIISTRATION RECEIVER OF DEFENDANT Before the Court is the Complaint by the United States of America, on behalf of the U.S. Small Business Administration ("SBA"), for a permanent injunction, and the appointment of the SBA as Permanent Receiver for Defendant. The Court, being fully advised in the merits, believes this relief should be Granted: IT IS HEREBY OREDERD, ADJUDGED AND DECREED THAT: 1. Pursuant to the provisions of 15 U.S.C. ss.687c, this Court shall take exclusive jurisdiction of Inter-Equity Capital Partners, LP ("Inter-Equity"), and all of its assets, wherever located, and the United States Small Business Administration ("SBA"), is hereby appointed receiver (the "Receiver") of Inter-Equity to serve without bond until further order of this Court. The Receiver is appointed for the purpose of administering and liquidating all of Inter-Equity's assets, satisfying the claims of creditors therefrom in the order of priority as determined by this Court, and maximizing any recovery of assets for the benefit of the receivership estate. 2.. The Receiver shall have all powers, authorities, rights and privileges heretofore possessed by the officers and directors of Inter-Equity under applicable state and federal law and by the Articles, By-Laws and Certificate of Limited Partnership in addition to all powers and authority conferred upon the Receiver by the provisions of 15 U.S.C. ss. 687c and 28 U.S.C. ss. 754. The officers, employees, managers, general partners and agents of Inter-Equity who have not submitted their resignation prior to the entry of this Order are hereby dismissed. Any director who has not submitted his or her resignation as of the date of this Order is hereby directed to do so. Such persons shall have no authority with respect to Inter-Equity's operations or assets, except as may hereafter be expressly granted by the Receiver. The Receiver shall assume and control the operation of Inter-Equity and shall pursue and preserve all of its claims. 3. The past and/or present officers, directors, agents, managers, general partners, accountants, attorneys and employees of Inter-Equity, as well as all those acting in their place, are hereby ordered and directed to turn over to the Receiver forthwith all books, records, documents, accounts and all other instruments and papers of said partnership and all other assets and property of the partnership, whether real or personal. Abraham Goldstein, or any other representative, shall furnish a written statement within five (5) days after the entry of this Order, listing the identity, location and estimated value of all assets of Inter-Equity as well as the names, addresses and amounts of claims of all known creditors of Inter-Equity. All persons having control, custody or possession of any assets or property of Inter-Equity are hereby directed to turn such property over to the Receiver. 2 4. The Receiver shall promptly give notice of its appointment to all known officers, directors, agents, employees, shareholders, creditors, debtors and agents of Inter-Equity. All persons and entities owing any obligations or debts to Inter-Equity shall, until further ordered by this Court, pay all such obligations in accordance with the terms thereof to the Receiver, and its receipt for such payments shall have the same force and effect as if Inter-Equity had received such payments. 5. The Receiver is hereby authorized to open such Receiver's bank accounts, at banking or other financial institutions, to extend credit on behalf of Inter-Equity, to utilize SBA personnel, and to employ such other personnel as necessary to effectuate the operation of the receivership including, but not limited to, attorneys and accountants, and is further authorized to expend receivership funds to compensate such personnel in such amounts and upon such terms as the Receiver shall deem reasonable in light of the usual fees and billing practices and procedures of such personnel. The Receiver is not required to obtain Court approval prior to the disbursement of receivership funds for payments to personnel employed by the Receiver or payments for expenses incidental to administration of the Receivership. In addition, the Receiver is authorized to reimburse the SBA or its employees for travel expenses incurred by SBA personnel in the establishment and administration of the receivership. The Receiver may, without further order of this Court, transfer, compromise, or otherwise dispose of any claim or asset, other than real estate, which would result in net proceeds to the Receiver. 3 6. Inter-Equity's past and/or present officers, directors, agents, shareholders, employees, and other appropriate persons (including, without limitation, the defendant's portfolio of small business concerns and banks or other financial institutions doing business with defendant and/or defendant's portfolio of small business concerns) shall answer under oath, pursuant to a Receiver's Notice or Subpoena, to the Receiver, all questions which it may put to them regarding the business of said partnership or any other matter relevant to the operation or administration of the receivership or the collection of funds due to Inter-Equity. In the event that the Receiver deems it necessary to require the appearance of the aforementioned persons, the production of documents, information, or any other form of discovery concerning the assets, property or business assets of Inter-Equity or any other matter relevant to the operation or administration of the Receivership or the collection of funds due to Inter-Equity, the Receiver shall direct notice for any such appearance by certified mail, and said persons shall appear and give answer to the Receiver, produce documents or submit to any other form of discovery in accordance with the Federal Rules of Civil Procedure. 7. The parties or prospective parties to any an all civil legal proceedings wherever located, including, but not limited to arbitration proceedings, bankruptcy or foreclosure actions, default proceedings, or any other proceedings involving Inter-Equity or any assets of Inter-Equity, involving Inter-Equity or its present or past officers or directors or the Receiver, sued for, or in connection with, any action taken by Inter-Equity's officers or directors while acting in such capacity whether as plaintiff, defendant, third-party plaintiff, third-party defendant, or otherwise, or with respect to any assets of Inter-Equity, are enjoined from taking any action, including discovery, commencing or continuing any legal proceeding of any nature in connection with any proceeding. All civil legal proceedings wherever located, including arbitration proceedings, foreclosure activities, bankruptcy actions, or default proceedings, but excluding the instant proceeding, involving Inter-Equity or any of is assets or any action of any nature taken by Inter-Equity's present or past officers or directors sued for, or in connection with, any action taken by them while acting in their official capacity whether as plaintiff, defendant, third-party plaintiff, third-party defendant, or otherwise, are stayed in their entirety, and all Courts having any jurisdiction thereof are enjoined from taking or permitting any action until further Order of this Court. 4 8. As to any cause of action accruing in favor of Inter-Equity against a third party, the applicable statute of limitations is tolled as to that cause of action during the period in which the injunction and stay against the commencement and continuation of legal proceedings imposed by paragraph 7, above, of this Order are in effect. 9. Inter-Equity and its past and/or present directors, officers, agents, managers, general partners, employees and other persons acting in concert or participation therewith be, and they hereby are, enjoined from either directly or indirectly taking any actions or causing any such action to be taken which would dissipate the assets and property of Inter-Equity to the detriment of the Receiver appointed in this cause, including but not limited to destruction of corporate records, or which would violate the Small Business Investment Act of 1958, as amended, (the "SBIA"), 15 U.S.C. Section 661 et seq., or the regulations promulgated thereunder, (the "Regulations"), 13 C.F.R. ss. 107.1 et seq. 5 10. This Court determines and adjudicates that Inter-Equity has violated the SBIA and the Regulations as alleged in the Complaint filed in this matter. After completing its activities in accordance with this Order, the Receiver may submit a report to this Court recommending that Inter-Equity's license as an SBIC be revoked. 11. The United States Small Business Administration is further entitled to a judgment in the sum of $6,654,177.31, including principal and interest, with a per diem interest rate of $554.85 for each day subsequent to December 1, 2000, and increasing to a per diem rate of $1,232.41 on all outstanding debentures subsequent to March 1, 2001 until the date of entry of judgment, together with post judgment interest at a rate of 4.19 percent per annum. SEEN AND AGREED: this 15th day of March, 2001. INTER-EQUITY CAPITAL PARTNERS, LP /s/ Abraham Goldstein - -------------------------------- Abraham Goldstein, President U.S. SMALL BUSINESS ADMINISTRATION /s/ William B. Young /s/Arlene M. Embrey - -------------------------------- --------------------------------- William B. Young (WB9160) Arlene M. Embrey (AME9718) Assistant United States Attorney Trial Attorney IT IS SO ORDERED: This 2nd day of April, 2001, at New York, New York. /s/ Loretta A. Preska ---------------------------- United States District Judge 6 -----END PRIVACY-ENHANCED MESSAGE-----