-194-
“Escape from Venice”, “Equinox”, “Mother & Daughter: Loving War”,
“Nasty Hero”, “Outlaw Force”, “Sticks and Stones”, “Throne of
Vengeance”, “War Cat”, and “Zombie”.143 On the record before us,
we believe that the absence of physical materials for these film
titles is a fact that was reasonably discoverable on December 11,
1996. We also believe that the hypothetical willing buyer would
not have paid for rights to film titles that did not have
confirmed physical materials. Consequently, our valuation of the
EBD film library does not account for the 13 film titles that Mr.
Wagner identified as not having confirmed physical materials.
In making his scenario 2 projections, Mr. Medress excluded 9
film titles, including: “Bombay Talkie”, “Courtesans of Bombay”,
“Danger Zone”, “Hullabaloo Over Georgia”, “Hunter’s Blood”,
“Mother & Daughter: Loving War”, “Octavia”, “Shakespeare Wallah”,
and “Sticks and Stones”.144 An internal memorandum that Troy &
Gould prepared during its due diligence confirms that the
distribution rights to those film titles were set to expire
143 Mr. Wagner made no sales projections for the film titles
“Escape from Venice” and “Equinox”, because those film titles
were not included in the IMDb database. In addition, Mr. Medress
treated the film titles “Return of the Conqueror” and “Throne of
Vengeance” as the same film in making his scenario 2 projections.
From other information that Mr. Medress submitted, it also
appears that the film titles “Equinox” and “The Beast” may be the
same film.
144 We have already excluded the film titles “Bombay Talkie”,
“Courtesans of Bombay”, “Mother & Daughter: Loving War”, and
“Sticks and Stones” because of the absence of confirmed physical
materials for those film titles.
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