- 7 - entered into a film processing contract with Technicolor. Technicolor lent MCEG $5.5 million to induce MCEG to enter into the contract. Because of concerns about MCEG’s long-term viability, Technicolor secured the loan with video distribution royalty rights from four MCEG films. If the distribution royalties were insufficient, MCEG was obligated to repay the loan by October 31, 1991 (1988 loan). Technicolor’s sales plan, dated October 18, 1988, for fiscal year 1989, did not list MCEG as a customer. On October 31, 1990, MCEG was placed into involuntary bankruptcy, and on March 19, 1992, the U.S. Bankruptcy Court approved MCEG’s chapter 11 reorganization plan. The successor entity, MCEG Sterling, Inc., did not continue doing business with Technicolor. C. The 1989 Asset Valuation On June 23, 1989, C&L prepared a valuation report (1989 Valuation) that determined the FMV of Technicolor’s assets for purposes of allocating the purchase price to those assets. C&L divided the acquired assets into four classes, discussed supra in section I.A. Class III included Technicolor’s customer relationships. C&L determined the value of the relationships by computing the present value of the net realizable earnings that these assets would generate over their remaining lives. The remaining lives were determined by adding a 3-year projected extension to each relationship’s termination date. The remainingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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