Press Release of Intertainment AG

Intertainment anticipates arbitration proceeding against Comerica Bank and bond companies

Adequate resources for the proceeding / Rüdiger Baeres steps down as Chairman of the Board of Management at the Annual General Meeting and moves to the Supervisory Board


Ismaning near Munich, October 29, 2004 - Intertainment AG, Ismaning near Munich, sees good opportunities for successfully bringing final closure to the Franchise Pictures case. This was the conclusion of the outgoing Chairman of the Board of Management Rüdiger Baeres at the Annual General Meeting of the company. Following the successful outcome to the lawsuit in the USA against Franchise Pictures, 16 other companies, and personally against Elie Samaha, CEO of Franchise Pictures, an arbitration proceeding against the other companies involved in the fraud is scheduled to commence at the beginning of next year. These include Comerica Bank and bond company Film Finances. Baeres commented that the arbitration proceeding was the second and decisive hurdle that Intertainment needed to cross in order to assert its claims. The arbitration proceeding entails Intertainment demanding damages amounting to at least 100 million dollars, as in the trial that has already taken place against Franchise Pictures.

Baeres also explained the liquidity situation of Intertainment in connection with the fraud case. He stated that at the end of September, Intertainment held liquid assets amounting to 1.4 million euros compared with 1.0 million in the middle of the year. The Chairman of the Board of Management commented that from today's perspective, the company had sufficient resources to continue operating business and to pursue the arbitration proceeding. He also stated that litigation in connection with the fraud case had cost Intertainment 12 million dollars to date.

The judgment handed down against Franchise Pictures, the 16 other companies and Elie Samaha in June 2004 granted Intertainment claims amounting to 121.7 million dollars against Franchise Pictures, the 16 other companies and Elie Samaha. Franchise Pictures and 15 of the other companies found guilty of fraud filed for insolvency pursuant to chapter 11 of the US Insolvency Law after the judgment was executed in August 2004. The current status of insolvency proceedings was that Franchise Pictures had to submit a restructuring plan by the end of December 2004. If the plan was not approved, Franchise would go into liquidation at the end of February 2005, explained Baeres. He went on to say that at the present point in time, it was clear that the company was not an empty shell but had assets available. In addition, significant assets were subject to unauthorized transfer from Franchise Pictures before the trial commenced.

Baeres stated that Elie Samaha had not filed for bankruptcy. He continued that Intertainment had instituted all the necessary measures to enforce the judgment against him. In this connection, a hearing would be held on December 6 at which Samaha would have to disclose all his assets. Enforcement could then be implemented immediately afterward.

Baeres continued by informing the meeting that settlement negotiations relating to all the parties involved in the case had failed. Comerica Bank had proposed such negotiations immediately after the judgment was handed down against Franchise Pictures. The negotiations were held in San Francisco in midSeptember but they only resulted in a settlement offer that was unacceptable to Intertainment.

After concluding his presentation to the Annual General Meeting, Baeres - founder and biggest shareholder in Intertainment - stepped down from the Chairmanship of the Board of Management in order to take up an appointment on the Supervisory Board of the company.



Contact:
Intertainment AG, Investor Relations, Osterfeldstrasse 84, D-85737 Ismaning, Germany
Tel.: + 49 (0)89 21699-0, Fax: + 49 (0)89 21699-11
Internet: www.intertainment.de, E-mail: investor@intertainment.de

 

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