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B. The Troma Distribution Agreement
As of December 23, 1997, TroMetro and Troma Entertainment,
Inc. (Troma), an independent production and distribution company
in New York City, entered into a distribution agreement (the
Troma distribution agreement), covering the same film titles as
the TroMetro distribution agreement.48 Troma never paid any
royalties to TroMetro pursuant to the Troma distribution
agreement.
C. Troma Entertainment, Inc.
Michael Herz and Lloyd Kaufman started Troma while they were
students at New York University Law School in 1974.49 Troma is
owned by Messrs. Herz and Kaufman, a private company called QIC
controlled by Alan Quasha, and Foster Partnership.
In the early 1980s, Troma began distributing its films with
a film called “Squeeze Play.” Troma eventually produced 25 to 30
films and acquired a number of films through purchases and
distribution deals. Troma currently has 800 to 850 film
48 On Nov. 2, 1998, TroMetro and Troma entered into an
addendum, to which SMHC acknowledged and consented, amending the
Troma distribution agreement. Pursuant to this addendum, the
“Moving Pictures” library and the “Five Stones” library were
added to the Troma distribution agreement. No addendum was made
to the TroMetro distribution agreement.
49 Mr. Lerner was introduced to Mr. Herz by Mr. van
Merkensteijn.
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