MINNESOTA COMMERCE - Unhappy Franchisee

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F-2705 STATE OF <strong>MINNESOTA</strong> DEPARTMENT OF <strong>COMMERCE</strong> REGISTRATION DIVISION (651) 296-4520 IN THE MATTER OF THE REGISTRATION OF: MATCO DISTRIBUTORSHIP AGREEMENT By NMTC INC ORDER AMENDING REGISTRATION WHEREAS, an application to amend the registration and amendment fee have been filed, IT IS HEREBY ORDERED that the registration dated March 25, 1993, is amended as of the date set forth below. Date: March 13, 2012 MIKE ROTHMAN Commissioner Department of Commerce 85 7th Place East, Suite 500 St Paul, MN 55101
UNIFORM FRANCHISE REGISTRATIOK-^gpDcATICT^'? 1 2(}yi ^Q// State: Minnesota Fee: $300.00 File No.: (>-2705 J ^'^^f^:^ ^/n . fInserUfle number of immeaiately plTCraing filing of Applicant) APPLICATION FOR (Check only one): INITIAL REGISTRATION OF AN OFFER AND SALE OF FRANCHISES X RENEWAL APPLICATION OR ANNUAL REPORT PRE-EFFECTIVE AMENDMENT POST-EFFECTIVE MATERIAL AMENDMENT 1. Full legal name of Franchisor: NMTC, Inc. d/b/a Mateo Tools 2. Name of the franchiseoffering: "NMTC, Inc. d/b/a Mateo Tools;" "Mateo Tools;" "Mateo" 3. Franchisor's principal business address: 4403 Allen Road Stow, Ohio 44224 4. Name and address of Franchisor's agent in this State authorized to receive service of process: Commissioner of Commerce 85 7th Place East, Suite 500 St Paul, Minnesota 551015 5. The states in which this application is or will be shortly on file: California, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Michigan, Minnesota, Nebraska, New York, North Dakota, Rhode Island, South Dakota, Texas, Utah, Vii^nia, Washington, Wisconsin 6. Name, address, telephone and facsimile numbers, and e-mail address of person to whom communications regarding this application should be directed: Mark A. Kirsch, Esq. Plave Koch PLC 12355 Sunrise Valley Drive, Suite 230 Reston, Virginia 20191 703.774.1210 (direct phone) 703.774.1201 (fax) mkirsch@plavekoch.com (E-mail) PK 48832.1 - NMTC. Inc. d/b/a Mateo Tools / MN
Page 1: MINNESOTA DEPARTMENT OF COMMERCE 85
Page 5 and 6: MAR - 8 2012 Mr. Daniel E. Sexton P
Page 7 and 8: UNIFORM FRANCHISE CONSENT TO SERVIC
Page 9 and 10: NMTC, INC. d/b/a MATCO TOOLS FRANCH
Page 11 and 12: FR.\NCHISE DISCLOSURE DOCUMENT NMTC
Page 13 and 14: STATE COVER PAGE Your state may hav
Page 15 and 16: Mateo® Tools FRANCHISE DISCLOSURE
Page 17 and 18: Document. Mateo's affiliates have n
Page 19 and 20: The informadon in this Disclosure D
Page 21 and 22: Communicadons, District Business Ma
Page 23 and 24: damages in the amount of $500,000 a
Page 25 and 26: Time Payment Reserve You must, at t
Page 27 and 28: was established by the Internationa
Page 29 and 30: manufacturer, model, configuration
Page 31 and 32: Mateo will finance up to $72,000 (w
Page 33 and 34: include items such as work uniforms
Page 35 and 36: charge fees to suppliers seeking to
Page 37 and 38: Obligation (x) Dispute resolution S
Page 39 and 40: you a late fee of 5% per week for e
Page 41 and 42: who may be potentiol-eustemers for
Page 43 and 44: egional trainers employed by Mateo.
Page 45 and 46: (B) (C) (D) (E) (F) Mateo provides
Page 47 and 48: policy. Mateo will revise its tool
Page 49 and 50: (B) make personal sales calls on at
Page 51 and 52: your Distributorship business. conf
Page 53 and 54:
Provision Section in Distributorshi
Page 55 and 56:
Provision Noncompetition covenants
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Mateo's 1,006134 Distributors repor
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40rExeep^-as----(:Uselosed~sbove;--
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State (Note 2) Year Number of Trans
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Table 3 Status of Franehised Outlet
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State Year Outlets at Start of Year
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state Year Outlets at Start of Year
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Attached as Appendix B is a list of
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MATCO TOOLS FRANCHISE DISCLOSURE DO
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NMTC, Inc. and Subsidiaries Consoli
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NMTC, Inc. and Subsidiaries Notes t
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Ernst & Young LLP Assurance | Tax |
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PM01701 Run Date :12/30/ll State Di
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PM01701 Run Date :12/30/11 State Di
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M01701 Run Date :12/30/ll Jtate Dis
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PM01701 Run Date :12/30/11 State Di
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PM01701 Run Date ;12/30/ll State Di
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PM01701 Run Date :12/;30/ll State D
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PM01701 Run Date :12/30/n State Dis
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MATCO TOOLS DISTRIBUTORSHIP AGREEME
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ARTICLE 5 5.1 5.2 5.3 5.4 5.5 ARTIC
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Exhibit A Exhibit B Exhibit C Exhib
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variety of reasons^ .which may incl
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the Distributor agrees to sign and
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in Section 4.1, before operating th
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invoice from Mateo, Distributor's O
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purchase said insurance on Distribu
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ARTICLE 7 TRADEMARKS, TRADE NAMES A
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specifications, techniques, compute
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11.34 Notice; Cure Periods. Mateo w
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ARTICLE 12 DISPUTE RESOLUTION 12.1
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shareholders. Spouse, and person a
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(A) "Abandon" will mean the conduct
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MATCO TOOLS LIST OF CALLS AND POTEN
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Z^.M1Z Tools INSTALLMENT PROMISSORY
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SECURITY AGREEMENT APPENDIX D EXHIB
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16. MISCELLANEOUS. This Security Ag
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(b) All credit documents presented
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10. This Agreement shall be binding
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(b) Distributor guarantees that Ass
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BUYER ACKNOWLEDGES RECEIPT OF THE G
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Terms and conditions of Sale/Securi
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MATCO TOOLS DISTRIBUTOR'S PURCHASE-
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(c) Distributor shall not, without
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Appendix D Exhibit K-1 Mateo Tools
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Appendix D Exhibit K-2 Mateo Tools
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MATCO TOOLS DISTRIBUTOR LEASE AGREE
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MATCO TOOLS NMTC, Inc. d/b/a MATCO
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¥^5£i NMTC, Inc, d/b/a/ MATCO TOO
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MATCO TOOLS MATCO DISTRIBUTOR BUSIN
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The Distributor is fiirther respons
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11. ENTIRE AGREEMENT. This Agreemen
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APPENDIX D EXHIBIT P GUARANTEE. IND
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APPENDIX D EXHIBIT Q MATCO WEB PAGE
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4.3 Matco shall own all rights in a
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9. Entire Agreement This Agreement,
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conceming advertising, marketing, m
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STATE AGENCY EXHIBIT APPENDIX F TO
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AGENTS FOR SERVICE OF PROCESS APPEN
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STATE-SPECIFIC DISCLOSURES AND STAT
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Hawaii Distributorship Agreement Am
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Illinois Distributorship Agreement
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Maine Disclosure Addendum THE INFOR
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Maryland Disclosure Addendum Item 1
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IN WITNESS WHEREOF, each of the und
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(F) (G) A PROVISION REQUIRING THAT
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Minnesota Disclosure Addendum Item
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North Carolina Distributorship Agre
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North Dakota Disclosure Addendum In
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Rhode Island Distributorship Agreem
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Washington Distributorship Agreemen
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MATCO DISTRIBUTOR CONSENT TO ALCOHO
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MUTUAL RELEASE AGREEMENT APPENDIX J
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demands, liabilities, and causes of
Page 263 and 264:
Page 265 and 266:
Matco Tools Ride-Along Acknowledgem
Page 267 and 268:
RECEIPT ^To Be ReHirned «o Matcn T
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MINNESOTA COMMERCE - Unhappy Franchisee

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