Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 121

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          tend to influence their distribution to the sell-through market             
          at lower price points as opposed to the rental market with its              
          higher price points.  For this reason, Mr. Wagner’s expert report           
          grossly overstates the income projections for the EBD film                  
          titles.                                                                     
               We were also troubled by Mr. Wagner’s assumptions that 80              
          percent of the projected revenues from the EBD film library would           
          be generated in the film title’s first year of release and 20               
          percent would be generated in the second year of release.  Mr.              
          Wagner’s assumptions effectively frontload his unit projections             
          into the first 2 years of distribution.  In combination with his            
          3-year release pattern, these assumptions have the effect of                
          projecting all cashflows for the EBD film library into a 4-year             
          period (1997, 1998, 1999, and 2000).  Since we are not persuaded            
          that the hypothetical willing buyer of the EBD film library would           
          distribute all the EBD film titles in so short a period, we are             
          led to conclude that Mr. Wagner’s revenue assumptions overstate             
          the present values of projected cashflows from the EBD film                 
          library.                                                                    
               Mr. Wagner assumed a median $59 wholesale price for the                
          rental market, whereas Mr. Medress used a $45 wholesale price at            
          the lower end of the spectrum of wholesale prices.  Given the age           
          and nature of the EBD film rights, Mr. Medress’ lower wholesale             
          price is more reasonable.                                                   






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