Which of the following securities professionals must be registered with the SEC to be able to engage in business?
a. brokers b. dealers
c. corporate officers
d. brokers and dealers
e. brokers, dealers and corporate officers
Question 2
Assurances. In December 1985 and January 1986, Will Petroleum, Inc, and UPG Falco entered into agreements involving a sale of gasoline from Will Petroleum to Falco. BAII Banking Corp provided financing to Will Petroleum for the agreements, which were to be performed before the end of January. During December and January, gasoline prices declined, and Falco determined that it would lose nearly 1.5 million if the agreements were performed. In mid-January, rumors circulated that Will Petroleum might be filing for bankruptcy. When the Konpolis, one of the ships carrying the gasoline, arrived ahead of schedule on January 23, Falco refused it permission to dock. Falco sent a telex to Will Petroleum requesting adequate assurances within twenty-three hours that Will Petroleum could perform the agreements. There was no response. The next evening, Falco sent Will Petroleum a telex stating that it considered the agreements repudiated. On January 28, Will Petroleum told Falco to contact BAII regarding Will Petroleum's ability to perform. Falco responded that it had already covered the agreements. The next day, Will Petroleum filed a petition for bankruptcy. The gasoline was sold for approximately 5.5 million less than the contract prices. In the subsequent suit against Falco and others, Falco contended that Will Petroleum had repudiated the agreements by failing to provide adequate assurances under UCC 2-609 . How should the court rule? Discuss fully.