Case1:O4—cv-OO583—GIV|S D0cument102—3 Filed O9/06/2005 Page10f2
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Case 1 :04-cv-00583-GMS Document 102-3 Filed 09/06/2005 Page 2 of 2
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1 INACOM
1. Description of engagement:
We have been asked to assist you in helping to explore "ordinary business terms" as defined in
Bankruptcy Code Section 547(c)(2)(C). You have asked us to analyze the issue from the creditor’s
perspective, rather than from that of the debtor. The following will outline the work that Weiser has
performed in preparing a database to determine the components of the “ordinary business terms"
defense.
lnacom was a single-source provider of information technology services and products designed to
enhance the productivity of information systems primarily for Fortune 1000 clients. The Company
offered a comprehensive range of services to manage the entire technology lifecycle including:
technology planning, technology procurement, technology integration, technology support and
technology management. lnacom sold its services and products through a marketing network of
· approximately 90 business centers owned by the Company throughout the United States that focused on · ‘
serving large corporations. The Company had international locations in Central America, South
America and Mexico and international affiliations in Europe, Asia, the Caribbean, Middle East, Africa
and Canada. lnacom filed Chapter l l bankruptcy on Friday, June 16, 2000.
The objective of the engagement was to gather information on actual practices and written accounts
payable and receivable policies in the following markets:
• Computer Hardware
· -~"- , • Computer Software
• Telecommunications Hardware and Services ··
2. Conclusions: l
Approximately 69.7% ofaccount payments are made within the invoice contract terms, and 90% are
made in the 30-day window and current, lt appears that most of the companies that we looked at had ·
general rules that payments on accounts payable were to be made within the applicable payment terms.
lt appears that it is the exception when payments are made outside of temts. Generally speaking, we
conclude that ordinary industry practice reveals mostly current payment with some slippage to 30 days
past due.
. 3. Description of work performed:
The information available was limited, and at times, time consuming and difficult to obtain. It took
hours of investigation, calling, interviewing and analyzing responses.
First, we documented the businesses that lnacom and each of the preference defendants were
engaged in (see Schedules l and 2). Industries inthe Technology Sector included:
communications equipment, computer hardware, computer networks, computer peripherals,
computer services. computer storage devices, electronic instruments and controls, office
equipment, scientific and technical instruments, semiconductors, and software and programming.
Next, we conducted a thorough search of Weiser clients in similar industries as the preference
defendants. Partners in charge of specific clients were contacted and asked to communicate with
Case 1:04-cv-00583-GMS
Document 102-3
Filed 09/06/2005
Page 1 of 2
Case 1:04-cv-00583-GMS
Document 102-3
Filed 09/06/2005
Page 2 of 2