-144- was interested in reviving Generale Bank’s participation in SMP’s film activities and had written a letter expressing this interest. The letter from Mr. Lerner states: “I would like to acquire additional film assets from GB and would like their active participation in our partnership.”101 On the basis of the evidence in the record, it appears that the Ackerman group was largely unconcerned with the supposed film assets that were to form the foundation of their proposed film business with CDR. There is no evidence that they ever requested or received any information regarding the EBD film rights. Although the record contains numerous drafts of various documents relating to the CDR transaction, none of those drafts contain any specific reference to the EBD film rights. Consequently, it is reasonable to conclude that the Ackerman group did not care what film rights CLIS contributed to SMHC and that the contribution of the EBD film rights was largely incidental to Generale Bank’s and CLIS’s contributions of the high-basis, low-value receivables and SMHC stock. 101 After Troy & Gould reached its conclusions, Mr. Lerner sold portions of the $974 million in receivables from Generale Bank to his friend, colleague, and business associate, Mr. van Merkensteijn. In determining a purchase price for the receivables, Mr. van Merkensteijn testified that he relied on the Sage Entertainment $29 million appraisal. By this time, however, it would have been clear, at least to Mr. Lerner, that this appraisal was grossly overstated.Page: Previous 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Next
Last modified: May 25, 2011