-157- in the agreements: “Because they were going to exercise their put.” For example, with respect to the SMP LLC agreement’s reference to a film production and distribution business, Mr. Geary testified that “I certainly can tell you that I was of the belief when I received this that I didn’t care from my client’s perspective what was in here other than a couple of things that I marked up and sent back, the transfer provisions and one of the confidentiality provisions.” Mr. Geary testified that, as of December 11, 1996, he knew that Generale Bank and CLIS were going to exercise the put on December 31, 1996, the earliest possible date for the put’s exercise. “I knew * * * [Mr. Jouannet] was going to exercise the put. He had a year to exercise the put. I clearly knew from the very beginning he was exercising the put.” “As I’ve tried to say, I always knew that the put was going to be exercised at some point. * * * That was clearly my understanding of the deal.” We found Mr. Geary’s testimony exceptionally credible, thorough, and persuasive. His testimony shows convincingly that the banks had no intention of partnering with the Ackerman group and had planned from the beginning to exercise the put rights in the side letter agreement as expeditiously as possible. ii. Ackerman Group’s Understanding Petitioner claims the he and Mr. Ackerman had no prearranged understanding with CDR that the banks would exercise their putPage: Previous 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 Next
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