Birla Precision Technologies, Ltd. v. ERI America, Inc.

Filing 59

MOTION by Plaintiff Birla Precision Technologies, Ltd. for judgment (Conditional Judgment Against Maria G. Fullone) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Schaefers, Scott)

(Page 1

of

1)

10:48:11

8479709498

a.m.

316

11-19-2014

DEPOSIT ACCOUNT RESOLUTION
(Retail & Private Bank Use Only)

THIRD BANK

Titi: ?t) -olt

ACCOUNT NUMBER

ACCOUNT NAME

€2

Che‡k One:

'

u
C
O

Limited Liability Company (Check the tax
classification you elected with the IRS or your
default classification, if no election was made.)
DDisregarded Entity
Ocorporation

Q

Corporation I Non-Profit Corporation
Unincorporated Association i Organization
Partnership I Limited LIability Partnership
Non-Profit Organization
Sole Proprietorship

D Partnership

that Fifth Third Bank ("Bank) is designated a depository of the Company, with full authority to accept deposits made at any time,
by any person, and in any form to the credit of this Company In accounts with Bank, in accordance with the wiitten or verbal instruclions of the
person(s) presenting the funds for deposit or of any document accompanying said deposits and subject to the rules and regulations of Bank.
RESOLVEDS

RESOLVED FURTHER, that Bank is authorized to pay or otherwise honor or apply without inquiry and without regate to the application of the
proceeds all checks, drafts, and other orders for the payment, transfer and w4hdrawal of money from any and all accounts maintained by this
Company with Bank, including those drawn to the individual order of a signer, when signed, accepted or endorsed by any of the following
officers or employees of this Company:

FOR ALL BUSINESSES:
TITLE

PRINTED OR TYPED NAME

€ak.(crf'

1)LLUtJ.

faMt

()fJ%L

t

_________________________

rtAp.(,pA

RESOLVED FURTHER, that any of the above named officer(s), person(s), member(s). or partner(s) islare hereby authorized on behalf of this
Company to (i) execute the necessary documents to conduct, if applicable, wire transfer services, automated cieanng house transactions,
electronic data interchange, sweep services. deposit management services, and lockbox services, and (ii) authorize outgoing wire transfer
requests and transfer to and from the accounts of this Company using the funds transfer system of the automated clearing house.
RESOLVED FURTHER, that a facsimile signature of any or all of the above-named signers shall constitute the signature of said signer,
regardless ofby whom or by what means the actual or purported facsimile signature may have been affixed, if such facsimile signature
resembles the facsimile specimen(s) (if any) filAd with Rank hy the secretary or other officer of this Company.
RESOLVED FURThER, that the Bank is authorized to rely upon the foregoing resoluUon unGI receipt by Bank ofwritten notice ofany change
or revocation,

FOR CORPORATIONS:
The undersigned certifies that they are the Secretary of

Lt A(tO.4

tt C

(Name of corporation)
MU'1
yr 2 I 'I atwhich a quorum was present
day of
I_ 9
(Company") and at a meeting of the Board of Directors held on the
these resolutions were duly adopted. The undersigned certifies that the foregoing is a true copy of the resolutions so adopted; that such
resolutions are still in uiil force and effect an unrevoked as of this date; and that such resolutions do not violate any charter or bylaw provnion
.

of

this Company.

Au

IN WITNESS WH

ji

I

set his/her hand on the

day

of

t4o.4

yr_

ø

Secretary

iindersigned certify(ies) that

(Name of company)
(Company') is the name used in the conduct of an unincorporated business and in order to establish a deposit account in the name of the
company, the undersigned adopts these resolutions.
The undersigned agree(s) to notify Bank promptly in writing should any change of ownership occur, should other persons become interested in
said business as partners, should the business become incorporated or should the relationship of the undersigned be altered in any manner.

Owner, Partner or Member
Revised 05112114

Date

(Page 1

o

1)

5/6

11-19-2014

10:49:21 a.m.

84797O948

SIGNA TURE CARD

FIPTH THIRD ANI

5/3 BANK (CHICAGO)

7230269420

(HREAPTER flE€EPRED 10 AS BANKI

TERMS AND CONDITIONS

Nome (Primory Owner)
ERI AMERICA INC

Account No.

Street Address
550 E IL ROUTE 22

Type
BUS ADV CKG

”

this signature card, il applicable,

MUItI(

wuw UI OttU

Bank

I.. ..

IVUJIUCII $'L1IflU

the

Work Phone

Employer

Taxpayer Identification Number

ONEW

DREPL

200163524

_

Ownarship*

BC No.

Opened by

02486

CHARLIE RUBIO

CORPORATE

-

Date

11/19/2014

'Joint accounts shall be owned sa jotnt tanrnjt5 with rights o! survivo,ship, not as tanancy by the entireties

PLEASE CHECK THE APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION:

D Partnership
QjTrust/Estate
Proprietor
D Individuai/Sole classification (C q Corporation, S = S Corporation. P = Parinershipi
DCUC - Enter tax
S Corporation
D Non Resident Alien
'
D Other
D Corporation
THE UNDERSIGNED AGREES TO THE TERMS AND CONDITIONS AT THE RIGHT.

Title

9420

Sig.(s)
# Req'd

ERI AMERICA INC

J

Non - US
Parson

01

y'tk///(t

the

Deposit

..... iU) L.. ......
or

entity(Ics)

Senior Foreign
Offlcia1

the Bank.
2. This Agreement incorporates
Rules,
Regulations,
the
Disclosures
end
Agreements,

established by Bank from time to
timo, clearing house rules and
regulations, state and federal laws,

recognized banking practices and
customs, service charges as may

be established from timo to tinte
and is subject to laws regulating
transfers at death and other taxes.
3. AIl signers horeby agree that
the above named bank is authorized

to act as e depository under the

Yes No

D

12

MANE

Yes No

D

of

conditions

terms and
Agreement.

the

4. Bank is authorized to recognize
the signatures executed hateen In
such numbers as ndicoted. for the
withdrawal of funds or transactions
of any other business regarding this

account until written notice to the
contrary is received by Bank.
5.

FRANK4JI).LOJ. '
X

constitute

. I 11*.,
individual(s)

named horeon tDepositor) and

07127/1965

647.5509710

Regulations,

Rules,

Agreements, and Disclosures ot
60047

LAKE ZURICH IL
ruuu,i

the

end

Zip

and State

nome

1 The terms end conditions stated
herein, together with resolutions or
authorizations which accompany

9420

In

the case of overdraft or

overpayment on this account,
mistake,
by
error,
whether
inadvertence or otherwise. the
amount of such overdraft or

overpaymont shall be immediately
paid to the Bank.

Depositor acknowledges and
agrees that Bank, for Itself and as
agent for any affiliate of Fifth Third
Bancorp, is granted a security
interest in, and, unless otherwise
6.

r
Yes No

Do oo

Yes No
X

Yes No

Yes No

Do Do

X

prohibited by law, may, at any

time, set off, against any balance in

this account, any debt owed to
Bank by any person having the right

of withdrawal or any debt owed to
Bank by any entity listed under the
Account Title. A debt includes, but
is

not limited to,

an

obligation

whether now
existing or hereafter acquired by

Statement Address

owing

to

550 EIL ROUTE 22

Bank

whenever

LAKE ZURICH IL 60047

Payable on Death Beneficiary

without regard to whether arising
as maker, drawer. endorser, or

1. Are you a Non.U.S. parson with more than $500.000 on deposit or invested with Fifth Third?
''2. Are you a Senior Foreign Official of a government branch, military branch. political party,
foreign govorumantowned company. or a close perzonl or professional associate of one of these

Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am
waiting for a number to be issued to me),
2. I am not subject to backup withholding because: (a) I am exempt from backup
withholding, or (b) I have not boon notified by the Internal Revenue Service that I am
subject to backup withholding as a result of a failure to report all interest or dividends, or
(o) the IRS has notified ma that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. persan.
4. I am exempt from FAT A Reporting.
Certification Ins ructions J(ofl'jiust cross out item 2 above -f you have been notified by
rr‚ntfr/ftubject to backup withholding because of underreporting
are
the IRS that
6ur/)7 return.
ds
interest or vi

00.213 I5,3RtV orn ii

payable

and

guarantor.

USA PATRIOT ACT REOUIREMENTS:

Sign:

Bank,

/'UQ

Date:
tena onginai to

') 0

fl5CK rrocessmy uviu'-ii.

7

Ali signers agree to the Terms

and Conditions sat forth hereon and

acknowledge receipt of a copy of
the

Rules

and

Regulations,

Agreements. and Disclosures of
Bank and agree to the terms set
forth therein.
Verification . Internal Uso Otiy:
1.0. (Make Copy & silo)
Run Customer In Qualifile
Verify Opening Deposit €'I€t
Bog CC Hold (If Needed) ‡i)j

Verify Phone Numbors________

¨2Verily Address
Thank You Card/Follow Up
sial

Statement Period Date: 9/1/2017 - 9/30/2017
Account Type: 5/3 BUS PREMIUM CKG
Account Number:

FIFTH THIRD BANK
(CHICAGO)
P.O. BOX 630900 CINCINNATI OH 45263-0900

Banking Center: Mundelein
Banking Center Phone: [phone]
Business Banking Support: 877-534-2264

ERI AMERICA INC
353 ENTERPRISE PKWY

LAKE ZURICH IL 60047-6733
11049

i:'

-

-:
$862.10

Beginning Balance

09/01

Number

of

Days in Period

30

Checks

Withdrawals / Debits
Deposits / Credits

2

09/30

$(222.14)
$80.85

Ending Balance

1

$720.81

Analysis Period: 08/01/17 - 08/31/17
$25.00

Standard Monthly Service Charge

Standard Monthly Service Charge Waived (see below)

$0.00
$0.14

BANKING CENTER CASH ORDERS

$10.00

MISCELLANEOUS

$18.00

NEGATIVE COLLECTED

$30.00

INFO REPORTING

$42.50

INTERNATIONAL

$46.50

WIRE INCOMING STRUCTURED

$50.00

ELECTRONIC DEPOSIT4

$222.14

Service Charge withdrawn on 09/13/17

4Charges for Electronic Deposit Manager (EDM) Include the EDN Monthly Service Fee.
deposited In the last 2-5 days. Negative collected balance occurs when you draw upon those funds
9Collected balance is the cash balance minus checks drawn on other banks
before the deposited checks are cleared.

Standard Monthly Service Charge waived if:

Current Relationship Overview:

Your business maintains a total monthly average

Balance Criteria Met?

balance

of

$10,000 across its business checking, savings,

and certificate

of

Total Combined Monthly Average Balance

of

credit.

OR your business spends at least $500 per month on

Business Loan or Line of Credit?

No

Other Criteria Met?

No

$500 Business Credit Card Spend?

its business credit card AND your business has

Merchant Services?

Merchant Services.

No

Yes

i item totaling $222.14

Withdrawals / Debits
Date

Amount

09/13

222.14

I

$5,684.41

deposit accounts.

OR your business has a business loan or line

Deposits

No

Description
SERVICE CHARGE

2 items totaling $80.85

Credits

Date

Amount

09/01
09/06

45.86
34.99

Description
VISNMC DEP 4445011703827 ERI AMERICA ERI AMERICA 090117
BLACKI-IAWK INDUST PAYMENT 109442 ERI AMERICA 090617

For additional information and account disclosures. please visit www.53.com/businessbaflkiflg

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