Press Release for Intertainment AG

Intertainment: Updated information about the current status of the legal disputes in the USA


Ismaning near Munich, 18 April, 2005 – The legal disputes involving Intertainment AG in the USA have progressed since the last press release on these matters issued on January 18. Intertainment is providing information in this new press release about the current status of the individual proceedings.

Arbitration proceeding against Comerica Bank

The arbitration proceeding is currently still in the discovery phase. A meeting was held between the partners involved and the arbitrators on March 18, 2005 as part of the arbitration proceeding. During this meeting, Comerica Bank submitted a number of petitions, including an application to exclude all claims by Intertainment from the proceeding. Another meeting is planned for April 27. It is possible that the arbitrators will announce the schedule for the proceeding at this meeting.

The arbitration proceeding relates to fraudulently inflated budgets for films that were produced mainly during the years 1999 and 2000. In this context, Intertainment had originally filed lawsuits against a number of parties including Comerica Bank, executives of the bank, and bond companies, relating to compensation for damages amounting to at least 100 million dollars. The fraudulent budgets were submitted to Intertainment in conjunction with documentary credits from the bank and the bond companies. The opposing side has filed a claim against Intertainment for payment of around 70 million dollars on account of non-payment of the second installment for a number of films.

A settlement has meanwhile been closed with the bond companies, and now Comerica Bank and its executives are the only parties opposing Intertainment in the arbitration proceeding.

Proceedings against former Franchise CEO Elie Samaha

The former CEO of the company, Elie Samaha, and other parties were found liable during the course of the trial for damages against the American film producer Franchise Pictures heard in the summer of last year, and Intertainment was granted substantial damages. Mr. Samaha was required to give testimony about his personal assets at a Judgment Debtor Examination which commenced on January 24, 2005. Intertainment is currently analyzing Mr. Samaha's statements as well as reviewing documents Mr. Samaha had to produce at the examination. Intertainment also has taken other post judgment enforcement measures by officially levying on Mr. Samaha’s individual assets e.g., his ownership interests in certain business entities. Intertainment continues to evaluate its options to proceed with other post judgment enforcement remedies. A second date for a court hearing to continue with Mr. Samaha's examination pertaining to his individual assets has now been postponed with the consent of Intertainment to June 27, 2005.

Status of the insolvency proceedings relating to Franchise Pictures

Franchise Pictures and the subsidiaries found liable continue to be subject to protection against creditors under chapter 11 of the US Bankruptcy Code. Efforts are currently being made to ensure that the assets of companies in the Franchise Group that are not subject to insolvency proceedings are also included in the estate.

Post Trial Motions

In the context of the Franchise trial, a number of Post Trial Motions were submitted by both sides after the judgment was handed down last year. A hearing relating to these petitions has already been postponed a number of times. The current schedule provides for this hearing to be held on May 2, 2005 but Intertainment expects that date will shortly be moved to May 16, 2005 so that they can be heard with a recent petition by Elie Samaha and Glickson Investment International LLC. This petition asks that the court should declare the judgment to be null and void and order a complete retrial. The Franchise companies currently subject to insolvency proceedings also acceded to this petition.

Arbitration proceeding in the case of “Viva Las Nowhere”

In the context of the Franchise trial, the Franchise subsidiary VLN Productions Inc. was also found liable for budget fraud. The company had produced the film “Viva Las Nowhere”. In April 2004, Intertainment already filed a claim in the USA against Westdeutsche Landesbank (WestLB), the Lewis Horwitz Organization and the Federal Deposit Insurance Corp. in connection with the film and this claim is now being pursued in an arbitration proceeding. WestLB was involved in financing the film. In the context of the arbitration proceeding, Intertainment is requesting the repayment of an advance payment amounting to around 1.3 million dollars plus interest. Intertainment had only made this advance payment on the basis of submission of the fraudulent budget.

In a countermove, WestLB has now filed counterclaims against Intertainment amounting to approximately 900,000 dollars. Arbitrators are currently being selected to preside over this proceeding.

End of the Press Release


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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