Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 295

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          assets, it turned them over to Epic Productions to manage.  As a            
          result, Epic Productions eventually was managing over 1,000 films           
          (the CDR library).                                                          
               Credit Lyonnais’s overall goal was to liquidate the film               
          assets that it acquired rather than to simply consolidate these             
          assets and pursue business in the entertainment realm.  By late             
          1995, Credit Lyonnais instructed Epic Productions to begin                  
          planning the liquidation of the CDR library; this became the                
          focus of Epic Productions’ business operations.                             
               2.  EBD (Rotterdam) Finance, B.V.                                      
               On December 18, 1995, CDR incorporated EBD (Rotterdam)                 
          Finance, B.V. (EBD), as a special-purpose entity to take over the           
          so-called EBD film-related portfolio which was excluded from the            
          sale of CLBN to Generale Bank.37                                            
               3.  Selection of Film Titles for CDR                                   
               In 1996, during Epic Productions’ efforts to sell the CDR              
          library, someone at either Credit Lyonnais or EBD contacted Mr.             
          Peters and instructed him to find some low-value films and                  
          development projects within the CDR library.38  Mr. Peters                  


               37 The record is unclear on the precise role that EBD played           
          vis-a-vis Epic Productions, although it appears that EBD was in             
          some respect higher on the Credit Lyonnais/CDR chain than Epic              
          Productions.                                                                
               38 Mr. Peters testified that the individual who contacted              
          him from Credit Lyonnais or EBD was likely Hank de Kaiser, Mr.              
          Jouannet, Bruno Hurstel, or Michelle la Brund.                              





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