-131- contributing a viable “starter” film library to SMHC or to partner in a film distribution business with respect to those assets or the CDR library, generally. Instead, the selection process that Mr. Peters described strongly suggests that CLIS contributed the film assets to SMHC for a far different purpose.92 f. Conclusion In light of these various considerations, we are not persuaded that the banks had any intention of partnering with Messrs. Lerner and Ackerman in a film distribution business. To the contrary, it is clear that the Credit Lyonnais group desired to end its failed relationship with its distressed filmed entertainment assets and companies. CDR’s role as Generale Bank’s and CLIS’s representative in the transaction with the Ackerman group reflects the banks’ interest in liquidating their receivables and SMHC stock. 2. Ackerman Group’s Purposes Petitioner claims that he and Mr. Ackerman wanted to join with the banks in a film distribution business and understood 92 Petitioner contends that “Mr. Peters’ testimony and demeanor suggested an effort to hurt Petitioners” and questions the accuracy and good faith of that testimony. Apart from these general assertions, petitioner provides no basis for concluding that Mr. Peters fabricated his testimony. Mr. Peters was subject to petitioner’s cross-examination; nothing in his testimony suggested any bad faith or fabrication. Despite petitioner’s protestations, we find Mr. Peters’s testimony credible, thorough, and very persuasive on the relevant points.Page: Previous 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Next
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