-146- being partners with the banks would put them in a better position to acquire that library. Other than his self-serving testimony, petitioner points to no evidence to suggest that the parties to the transaction either discussed or contemplated any dealings involving the general CDR library. In fact, there is no indication that the Ackerman group was given any sort of preference in 1997 when CDR was being sold.102 Petitioner also testified that CDR asked for the $5 million advisory fee in connection with the remaining film titles in the CDR library as a “guaranty payment” to enable the Ackerman group to work with CDR. He testified that the Ackerman group was willing to pay that fee “because we thought we would be able to get our hands on a much larger library, and certainly we did pursue it at a later time.” The advisory fee agreement indicates, however, that the advisory fee was paid specifically as an inducement for CDR, Generale Bank, and CLIS to execute the letter agreement and exchange and contribution agreement. None of the various legal documents that the parties exchanged contains any reference to a guaranty or any assurances regarding the CDR library. One would expect some legal representations regarding this matter if the $5 million advisory fee was in fact paid as a guaranty for the CDR library. 102 According to petitioner, Generale Bank and CLIS were still partners in SMP at that time.Page: Previous 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 Next
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