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A LAWSUIT BROUGHT SEVEN YEARS AGO BY THE SINGER’S MYSTERIIOUS EX-MANAGER, TOHME TOHME, FINALLY GETS TESTED AT TRIAL. AMONG THOSE SCHEDULLED TO TESTIFY ARE JOHN BRANCA, JOHN McCLAIN, KATHERINE JACKSON, JERMAINE JACKSON, AND TOM BARRACK Jr.
For the past few months, thanks largely to the documentary Leaving Neverland, the discussion on Michael Jackson has centered around whether the late pop superstar deserves a more critical reexamination due to multiple allegations of child sexual abuse.
But how did the singer, who was up to his ears in debt around the turn of the century and suffering from many stains on his reputation, rehabilitate himself in the first place? And who deserves a chunk of the billions of dollars in spoils from what was collected in the aftermath of the King of Pop's fateful overdose on propofol at age 50 on June 25, 2009?
This coming Tuesday, nearly a decade after Jackson's death, a trial is scheduled to begin that will explore the singer's final, strange days, and in particular, his relationship with Tohme Tohme, a mysterious man who came into Jackson's life in 2008 boasting of connections throughout the Arab world.
In Tohme's lawsuit, filed all the way back in 2012 — so long ago that it's understandable that this legal dispute has slipped off almost everyone's radar — he alleges providing the necessary "advice, guidance and skillful work" to improve Jackson's public image, alleviate the singer's financial situation and put his client in a position to make a final tour.
Tohme continues to allege that the Michael Jackson Estate owes him a 15 percent commission on compensation that Jackson received during his last year on Earth and also wants a cut of revenues relating to This Is It, the concert film that grossed hundreds of millions of dollars. Finally, he's seeking a finder's fee for securing a loan that prevented foreclosure on Jackson's beloved Neverland Ranch home.
As Jackson's manager, under a services agreement, Tohme got a $35,000 monthly fee on top of a 15 percent commission, and it's the position of the Michael Jackson Estate that the agreement was properly terminated before Jackson's death. The defendant has also presented the service agreement as being unconscionable and has alleged in its own claims against Tohme that in securing a very lucrative financial package for himself, the ex-manager breached his fiduciary duties and stole money from the singer.
The trial is being split into two phases.The first will be contractual interpretation. Tohme is hoping to bring experts to the witness stand to testify that post-termination commissions are customary in the entertainment industry. If Tohme did the groundwork for This Is It, he believes he's entitled to 15 percent as any agent or manager would get even after being fired. The Michael Jackson Estate responds that the plain language of the agreement is what counts — and that customs and practices are irrelevant.
The second may get into the nitty-gritty of the relationship between Jackson and Tohme — for instance, whether or not Jackson actually fired Tohme is a point of controversy among the parties and something that would be dealt with if necessary at the later stage. Tohme alleges that he only took 15 percent after Jackson proposed becoming 50/50 partners.
The trial will have some very notable witnesses, including Jackson's mother, Katherine, his brother Jermaine, top agents and lawyers in the entertainment industry and Thomas Barrack Jr., the Donald Trump confidant whose Colony Capital spared Jackson from being evicted from Neverland after buying the loan on the property.
The sex abuse allegations may not figure prominently but could get at least some sideways attention. Tohme wants to spill the beans on the percentage of revenue paid as compensation to John Branca and John McClain, the co-executors of the Michael Jackson Estate. Having allegedly done things like working on Jackson's image, handling licensing requests and settling the singer's dispute with Sheikh Abdullah of Bahrain, Tohme believes his work is comparable to Branca's and McClain's work, so the evidence of their compensation goes to the reasonableness of his own.
This could open up a discussion of how both sides have respectively served Jackson's legacy. Branca and McClain — both scheduled to testify as well — object to the notion that there are parallels and say that if necessary they'd discuss the differences. A final status conference is set for Monday.
Los Angeles Superior Court Judge Mark A. Young will make final evidentiary rulings and gauge each side's preparedness to begin. It's possible that after seven years, the judge may see reason to delay once again, but the trial will likely commence quite soon and add to the story of the much discussed entertainment figure that is Michael Jackson.
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PR & Social Media Intern
PR & Social Media Intern
Job title: PR & Social Media Intern Company: Property Finder Job description: platform in the Middle East and North Africa region. A UAE-born startup, Property Finder expanded its operations to Qatar…, Bahrain, Saudi Arabia, and Egypt over the years. Recently, it acquired a significant stake in Zingat in Turkey. The company… Expected salary: Location: Dubai Job date: Sat, 03 Sep 2022 07:55:36…
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Are you looking for a real estate property? Don’t get panic; property finder app helps you to search properties in for rent or sale in UAE, Bahrain, Qatar, Egypt, and Lebanon. Designed with easy to handle interface, these apps can be utilized by anyone easily. If you too are planning to build an app like this, then this is the right time to connect with the professional team of experts. Fluper is one of the leading app development company in UAE that offer you the Quickest Delivery of App Guaranteed. We are giving #amazing offers, along with the assurance that you will get the utmost quality services in a hassle-free manner. For a similar app. Get in touch with us! Global : +1-646-889-2430
UAE : +971-52-670-9598
IND : +91-9599551432
UK : +44-183-482-6763
Skype : live:hirefluper
Email : [email protected]
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PFG ve General Atlantic, Türkiye'de yatırım için Zingat'ı seçti
New Post has been published on https://www.emlakreyonu.com.tr/haberler/pfg-ve-general-atlantic-turkiyede-yatirim-icin-zingati-secti/
PFG ve General Atlantic, Türkiye'de yatırım için Zingat'ı seçti
PFG ve General Atlantic, Zingat’a sermaye artışı şeklinde yaklaşık 65 milyon TL değerinde yatırım gerçekleştirdi
Orta Doğu ve Kuzey Afrika’daki yedi ülkede lider emlak platformlarına sahip Propertyfinder Group (PFG), yeni ortağı General Atlantic ile birlikte Türkiye’nin hızlı büyüyen gayrimenkul ve bilgi pazarlama platformu Zingat’a yeni bir yatırım yaptı.
Zingat’tan yapılan açıklamaya göre, PFG ve General Atlantic, Zingat’a sermaye artışı şeklinde yaklaşık 65 milyon TL değerinde yatırım gerçekleştirdi.
En son yatırım neticesinde Dubai merkezli Propertyfinder Group’un Zingat’taki hisse oranı yüzde 36,65 oldu.
PFG’nin ortakları arasında yer alan General Atlantic şirketinden Tom Hussey, Zingat’ın Yönetim Kurulu’na Yönetim Kurulu Üyesi olarak katılacak. Dünyanın en büyük teknoloji yatırım fonları arasında yer alan General Atlantic, Türkiye’de daha çok Yemeksepeti’ne yaptığı yatırımla tanınıyor.
“PFG’nin yeni yatırımı Türkiye’nin çekici bir pazar olduğunun göstergesi”
Açıklamada görüşlerine yer verilen Zingat.com Kurucu Ortağı ve Üst Yöneticisi (CEO) Ahmet Kayhan, Propertyfinder Group’un Zingat’taki hisselerini artırması ile ilgili şunları kaydetti:
“Propertyfinder’ın bu yeni yatırımı ve ortakları General Atlantic’in Yönetim Kurulumuza katkı sağlamasına vesile olması, Türkiye’nin hâlâ çok çekici bir pazar olduğunun ve Türkiye gayrimenkul pazarını bir dünya oyuncusu yapma hedefimizde doğru adımlarla ilerlediğimizin birer göstergesidir.
Yatırımla sağlanan kaynak sayesinde önümüzdeki dönem, Zingat ziyaretçilerinin doğru gayrimenkule ulaşması ve gayrimenkul profesyonellerinin daha verimli çalışabilmelerine yardımcı olmak amacıyla ürün ve hizmetlerimizi genişletmek ve geliştirmek için daha güçlü ve hızlı adımlarla ilerleyeceğiz.”
PFG’nin Kurucusu ve CEO’su Michael Lahyani, “Zingat ile ortaklığımız başarısını ziyadesiyle kanıtlarken, bizim Türkiye gayrimenkul piyasasına ve ekonomisine güvenimizi pekiştirdi. Yatırımımızı artırma kararı almamızda, Zingat’ın Türkiye’de sergilediği başarılı performans etkili oldu.
Zingat’taki yatırımımızı büyütme yönündeki adımımız aynı zamanda PFG olarak MENAT(Orta Dogu ve Türkiye) bölgesindeki pazar payımızı artırma vizyonumuzla da uyum içinde.” ifadelerini kullandı.
Doğuş Grubu Yönetim Kurulu Başkan Danışmanı ve Zingat Yönetim Kurulu Başkanı İzi Adato ise “Başarılı bir büyüme gösteren Zingat’ın büyümesini hızlandırmak için PFG’nin ek sermaye ile hisse payını artırması; gerek yabancı yatırımcının Türkiye pazarı ve ekonomisine gerekse de Doğuş Grubu’na olan güvenin bir sonucudur. Ortakları arasında General Atlantic gibi bir dünya devini de bulunduran PFG ile beraber Zingat’ı pazar lideri yapacağımıza olan inancımız tamdır.” bilgisini verdi.
#ahmet kayhan#ahmet kayhan zingat#property finder qatar#propertyfinder abu dhabi#propertyfinder bahrain#propertyfinder careers#propertyfinder dubai#propertyfinder egypt#propertyfinder group#Propertyfinder Group (PFG)#propertyfinder manager#propertyfinder mycrm#propertyfinder uae#Yemeksepeti#zingat
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Real Estate Bahrain
Introducing the ultimate real estate listing centralization and distribution solution for Bahrain
On behalf of Premium eBusiness Solutions, a Bahrain based entity dedicated to web solutions & associated services, I am proud to announce here today that we will be very soon introducing Bahrain’s 1st real estate MLS (Multiple Listing Service) to centralize the country’s real estate listings database. Multilevel Listing Solution - mlsBH™, is developed to function at the core of Bahrain’s real estate industry acting as facilitator between owners, realtors and consumers by applying International standards of property listings and allowing only verified exclusive listings on the platform. Adherence to such international standards and the structured approach that comes with it will help create a better market place for Bahrain’s real estate on national and international level, which should in turn encourage local and foreign investments into the sector.
mlsBH™ has been primarily developed to tackle the issues of market inconsistences related to real estate listing practices by promoting better industry standards and practices. With the potential to address local industry’s shortfalls and to fill the gaps, mlsBH™ is the ideal platform to host Bahrain’s national real estate listing database, and all associated market participants supporting such a transition to international standards will find themselves better valued and relied upon by their customers.
What is mlsBH™
Multilevel Listing Solution (mlsBH™) is Bahrain’s first structured platform for centralization & syndication of authorized real estate listings database. It upholds exclusive listing rights and categorically provides comprehensive property search tools, creating a reliable marketplace for everyone to trade fairly and have access to most accurate information unavailable elsewhere. The 1st of its kind platform is dedicated to uniquely listing real estate of the country and promoting to target audience. It has a multilayer real estate listings database architecture (MReLDA™) to allow multiple units within properties to be individually listed and classified in accordance to the Government of Bahrain’s classification system.
Database: Furthermore, instead of conventionally listings the entire property as 1 single item, mlsBH™ deploys its own propitiatory Multilayer Realestate Listings Database Architecture - MReLDA™that allows real estate to be listed on 4 different layers each being a multiple sub of the other. This means a building can be uniquely listed along with each apartment individually defined under it, plus it can be linked up to community or complex it may belong to. This innovative approach allows owners to define each unit for its specific attribute, control their availabilities, allocate price for each unit. This approach will help create a more transparent marketplace and help the potential clients to know exactly which unit or how many types of them are available at their disposal. As a result accurate information will be available for consumers who can make well informed decisions.
FEE: mlsBH™ works on a flat fee concepts whereby authorized representatives of properties as well as realtors can list their exclusive property on mlsBH™ for a reasonable amount to have maximum exposure to target market. Furthermore; multiple property owners, operators, realtors and developers are offered structured packages for maximum benefits.
Listing categories: mlsBH™ has the most comprehensive real estate classification and categorization attributes unknown to exist elsewhere, these attributes coupled with the MReLDA™ result in creation of the most dynamic and holistic real estate database in the kingdom. Unlike classified website, on mlsBH™ listings are captured and promoted based on their listing type which is a combination of user type and property type, for example: For Sale by Owner or For Rent By Agency etc. Furthermore Users can now list their properties under newly coined categories & nationally defined classifications of Bahrain’s real estate. Terms like Local Ownership Decreed or Foreign Ownership Decreed will now help listers and finders to identify property that foreigners can or cannot buy, International classification terms are also adopted that better define a property. As a result there will be clear distinction between what really a freehold property is and what actually is supposed to be a commonhold property.
Verified listings: mlsBH™ has a listing and lister verification function put in place to ensure all listings carry sufficiently accurate information and the person listing it has the necessary authority to represent the real estate for the transaction it is being proposed for. As a result of this function mlsBH™ has the most accurate and reliable listings database. No property can be listed twice and no 2 different people can listing the same property or any property for that matter of fact if they are not owners themselves or do not have the consent of the owner to do so.
RETS: Although mlsBH™ in general is a service for all participants of the market, having said that the service is customized to best facilitate the realtors of Bahrain by empowering them with listing exclusivities and more importantly allowing them to fetch selective listings from mlsBH™ database via our Real Estate Transaction Standards - RETS & directly share on their own websites.
Holistic Solutions: A multi interface approach has been adopted by having 3 sub solutions for each primary segment of the market serving only its respective target audience. 1st sub solution would be a listing service dedicated to direct owners, landlords & real estate operators in Bahrain. Here they can directly list their property on mlsBH™ to have a maximum exposure to reliable realtors and target audience. 2nd sub solution will be a subscription based eResource for agencies, agents and brokers of Bahrain to search properties of their prospects on mlsBH™ database and to list their exclusive listings onto mlsBH™. 3rd sub solution would be a listing display solution of mlsBH™ where all active listings will be promoted to prospects directly.
We would also like to cease this opportunity on this new platform to invite all the real estate owners, operators, developers, agencies, property managers and independent brokers to pre-subscribe to this solution. We shall be rolling out the pilot phase of service in stages very soon and would like to offer great incentives for the early birds. Feel free to get in touch with us on [email protected] for further information & inquiries.
Introducing the ultimate real estate listing centralization and distribution solution for Bahrain On behalf of Premium eBusiness Solutions, a Bahrain based entity dedicated to web solutions & associated services, I am proud to announce here today that we will be very soon introducing Bahrain’s 1st real estate MLS (Multiple Listing Service) to centralize the country’s real estate listings database.
Multilevel Listing Solution - mlsBH™, is developed to function at the core of Bahrain’s real estate industry acting as facilitator between owners, realtors and consumers by applying International standards of property listings and allowing only verified exclusive listings on the platform. Adherence to such international standards and the structured approach that comes with it will help create a better market place for Bahrain’s real estate on national and international level, which should in turn encourage local and foreign investments into the sector.
mlsBH™ has been primarily developed to tackle the issues of market inconsistences related to real estate listing practices by promoting better industry standards and practices. With the potential to address local industry’s shortfalls and to fill the gaps, mlsBH™ is the ideal platform to host Bahrain’s national real estate listing database, and all associated market participants supporting such a transition to international standards will find themselves better valued and relied upon by their customers.
What is mlsBH™ Multilevel Listing Solution (mlsBH™) is Bahrain’s first structured platform for centralization & syndication of authorized real estate listings database. It upholds exclusive listing rights and categorically provides comprehensive property search tools, creating a reliable marketplace for everyone to trade fairly and have access to most accurate information unavailable elsewhere.
The 1st of its kind platform is dedicated to uniquely listing real estate of the country and promoting to target audience. It has a multilayer real estate listings database architecture (MReLDA™) to allow multiple units within properties to be individually listed and classified in accordance to the Government of Bahrain’s classification system. Database: Furthermore, instead of conventionally listings the entire property as 1 single item, mlsBH™ deploys its own propitiatory Multilayer Realestate Listings Database Architecture - MReLDA™ that allows real estate to be listed on 4 different layers each being a multiple sub of the other.
This means a building can be uniquely listed along with each apartment individually defined under it, plus it can be linked up to community or complex it may belong to. This innovative approach allows owners to define each unit for its specific attribute, control their availabilities, allocate price for each unit. This approach will help create a more transparent marketplace and help the potential clients to know exactly which unit or how many types of them are available at their disposal. As a result accurate information will be available for consumers who can make well informed decisions. FEE: mlsBH™ works on a flat fee concepts whereby authorized representatives of properties as well as realtors can list their exclusive property on mlsBH™ for a reasonable amount to have maximum exposure to target market. Furthermore; multiple property owners, operators, realtors and developers are offered structured packages for maximum benefits.
Listing categories: mlsBH™ has the most comprehensive real estate classification and categorization attributes unknown to exist elsewhere, these attributes coupled with the MReLDA™ result in creation of the most dynamic and holistic real estate database in the kingdom. Unlike classified website, on mlsBH™ listings are captured and promoted based on their listing type which is a combination of user type and property type, for example: For Sale by Owner or For Rent By Agency etc. Furthermore Users can now list their properties under newly coined categories & nationally defined classifications of Bahrain’s real estate. Terms like Local Ownership Decreed or Foreign Ownership Decreed will now help listers and finders to identify property that foreigners can or cannot buy, International classification terms are also adopted that better define a property. As a result there will be clear distinction between what really a freehold property is and what actually is supposed to be a commonhold property.
Verified listings: mlsBH™ has a listing and lister verification function put in place to ensure all listings carry sufficiently accurate information and the person listing it has the necessary authority to represent the real estate for the transaction it is being proposed for. As a result of this function mlsBH™ has the most accurate and reliable listings database. No property can be listed twice and no 2 different people can listing the same property or any property for that matter of fact if they are not owners themselves or do not have the consent of the owner to do so. RETS: Although mlsBH™ in general is a service for all participants of the market, having said that the service is customized to best facilitate the realtors of Bahrain by empowering them with listing exclusivities and more importantly allowing them to fetch selective listings from mlsBH™ database via our Real Estate Transaction Standards - RETS & directly share on their own websites. Holistic Solutions: A multi interface approach has been adopted by having 3 sub solutions for each primary segment of the market serving only its respective target audience. 1st sub solution would be a listing service dedicated to direct owners, landlords & real estate operators in Bahrain. Here they can directly list their property on mlsBH™ to have a maximum exposure to reliable realtors and target audience. 2nd sub solution will be a subscription based eResource for agencies, agents and brokers of Bahrain to search properties of their prospects on mlsBH™ database and to list their exclusive listings onto mlsBH™. 3rd sub solution would be a listing display solution of mlsBH™ where all active listings will be promoted to prospects directly. We would also like to cease this opportunity on this new platform to invite all the real estate owners, operators, developers, agencies, property managers and independent brokers to pre-subscribe to this solution. We shall be rolling out the pilot phase of service in stages very soon and would like to offer great incentives for the early birds. Feel free to get in touch with us on
for further information & inquiries.
http://mls.bh/home/
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While media kept on to describe Michael Jackson run away from the US as a period of peace and relaxation, actually was the contrary. At the time MJ arrived in Bahrain his financial situation had deteriorated dramatically due to a series of events.
Not to forget the dirty games corporations did to him while trumpeting through the usual “anonymous sources” half-truth news that the complacent press would have immediately translated into impressive headlines like these
and give to the general public and financial institutions a distorted perception of him, I make a brief timeline of his already difficult life and assets.
Following his acquittal on criminal child molestation charges in California, Michael Jackson relocated off to Bahrain which then became his primary residence by the fall of 2005.
The most pressing financial issue was the need to refinance a debt of approximately three hundred million dollars ($300,000,000 00) owed by MJ-ATV Publishing Trust and MIJAC Music Publishing to Fortress Investment Group LLC, a New York-based private equity firm specializing in buyout, recapitalization and turnaround situations such distressed debts.
MJ-ATV and MIJAC were trusts formed by Michael Jackson for the purpose of holding title to a certain intellectual property, including the libraries of his songs, the Beatles, and other artists catalogs. MJ-ATV jointly owned with Sony Corporation, Sony-ATV Publishing Trust, LLC. Fortress had originally been acquired these investments from Bank of America and was due for repayment in December 2005.
I would like to put a particular emphasis about the events that have developed before and after the final refinancing because from now through next year I’m going to face an embarrassing and shameful issue regarding the whole set of MJ managers and lawyers, without exceptions.
The reason is that more I get into the issues of these loan/investments more I understand that this is a case of what in finance is called by definition, PREDATORY LENDING. Predatory lending is any lending practice that imposes unfair or abusive loan terms on a borrower. It is also any practice that convinces a borrower to accept unfair terms through deceptive, coercive, exploitative or unscrupulous actions. If it not clear enough I’ll give you an example: predatory lending practices triggered the subprime lending crisis in the United States and global recession. If someone of your friend lost his house after 2006, you have to thank these kinds of financial companies.
These events happened in chains and always whenever there were positive signs of institutions interested in taking over the debt and willing to get into business with MJ. I will go into details step by step for a better understanding. The margin of the called “casualty” is more than suspicious.
MJ had been looking with large advance – since in 2003 – the refinancing with Bank of America. Fortress came into play through one of his affiliated called Transitional Investor LCC, which was contacted by a sort of broker named Prescient Acquisition, of Hackensack, NY. The main problems of MJ in 2005 was a liquidity trapped situation due to Sony/ATV Structure as follows:
Heavy Operating Expenses invoiced by Sony
Sony request from $3MM to $9 MM per annum for “Guarantee” the capital of his investment.
The indebtedness of $272,500,000 was subject by Bank of America to restrictive loan covenants and restrictive collateral and pledge requirements which would cause further constraining liquidity support requirements.
MJ Publishing Assets suffered of a limited value due to these restrictive covenant default conditions imposed on his credit line of $72,500,000 with the bank of America.
MJ had over $6,000,000 of Vendor Debt, various legal action from creditors.
For the above reasons, MJ was in urgent need to refinance the existing debt, solve the liquidity concerns, prevent “fire sales” of the library assets, preserve the ownership of the libraries, remove the liens from MIJAC and Neverland (actually the loans were extremely overcollateralized) and finally regain his financial freedom.
Transitional/Fortress provided already in December 2004 a letter of intent for a first bridge loan to be used to close the relationship with Bank of America, and a project fitting Michael Jackson desire to exercise the buyout option and purchase the 50% of Sony/ATV owned by Sony Music. On February 1st, 2005 they offered a signed letter of bridge loan agreement and was not just to pay off Bank of America loans but to also buy the other half of the library that Sony owned. The gross amount was in excess of 537.5 million of dollars. (Full document can be read here) EX12 transitional proposal signed by MJ
However, the most urgent problem to be solved was the credit line on 72 million with Bank of America that was guaranteed by his personal catalog MIJAC, his house Neverland and a personal guarantee and with the restrictions and the covenants composed always risking to provocate loan default.
THE COMMITMENT LETTER ON THE SMALLER FACILITY – MJ CREDIT LINE OF 72 MILLION OF DOLLAR WITH BANK OF AMERICA
Negotiations and exchange of documents went back and forth for 3 months and the transaction comprehended fees for Transitional, Fortress bank and Prescient. In particular, there was a 7% break up fee to be paid to Prescient and a 1.5% to Fortress upon the execution of the commitment letter. This means that if the commitment letter would have been executed, agreed and signed by MJ and for some reasons, the deal could not be closed, Fortress and Prescient would have been entitled to get the above fees from Michael Jackson anyway. In addition to the above Prescient would have taken 1.5% of commitment/originate fee upon the amount would have been funded to the borrower (the MJ Entities).
Note: here the compensation formula developed by Lehman Brothers for investment banking services related the finder fee.
-5% of the first million dollars involved in the transaction -4% of the second million -3% of the third million -2% of the fourth million -1% of everything thereafter (above $4 million)
Despite Lehman being the most common form in use, this does not mean that rates are not still negotiated on a case by case particularly for $100 million and higher transactions. Serious brokers take 0.25% of the whole loan. Apart from a bad personal credit score, the motivation of the costly treatment that MJ suffered is unknown – but seeing these numbers – it sound he was in the hands of sharks who didn’t care about his interests.
These requests were amended/corrected few times between February and mid-April 2005 when the compensation issue appears to be that Fortress commitment fee and Prescient originate fee would have been payable at the first date on which the facility was drawn, which mean upon the actual funding of the loan. But there was still 1 million breakup fee payable to Fortress in the event that some alternative financing was completed within a certain period of time after the agreement had been signed. In short, if Michael Jackson would have signed this letter of commitment with Fortress and not get into financing with them, he would have to still pay 1 million to compensate the financial institution for the use of their stationary!!!??
The document was prepared with a separate block requesting Michael Jackson to sign it individually and as the beneficiary of MJ Trust and witnessed by Mr. Sydow (Prescient) and Mr. Stabler. Which is something very strange and it’s not a normal practice for a commitment letter.
(You can read the whole document here Exhibit 14 Fortress loan commitment)
Something smelled fishy and Michael Jackson did not sign this commitment letter. All the conversations on the commitment ceased at the same time that Yucaipa had gotten involved with Michael Jackson as one of his advisors. Yucaipa was controlled by Mr. Ron Burkle. Fortress conversations with them began after the purchase the loan from BOA.
Fortress intentionally withheld from Mr. Jackson any written agreement between any Fortress entities and Jackson’s entities and did not tell to Michael Jackson or anyone on his behalf that it was negotiating with Bank of America to purchase the Bank of America loans.
What I am trying to explain is that Fortress was still in active negotiations with Michael Jackson and his people with respect to the $92 million loan facility on April 17th and 18th, but by May 3rd they executed assignment and assumption agreements, a done deal, with Bank of America.
What was going on during those two weeks between April 18th and May 3rd?
What was the period of time that they were no longer hearing from Mr. Jackson?
Roughly a week and it’s sound impossible to settle a mountain of documents in such very tight time frame. But let’s believe it had might be possible… so, there is a silence for a week and Fortress said, “Well, if we hear from Bank of America, maybe we will just buy this loan directly”?
What were all of the reasons why Fortress didn’t tell to MJ that it was in discussions with Bank of America to take an assignment and assumption of his loans?
Fortress defended the subject by saying they signed a confidentiality agreement with Bank of America. But they also had entered into a confidentiality agreement with Michael Jackson. So it was just inappropriate not to tell him that they were trying to buy his loans.
But there were some factors that motivated Fortress business decision to pursue the purchase of the BOA loans directly from BOA. In fact, in April 2005 Mj need to cap off a relatively small interest payment (abt 600’000 USD) that was due on the credit line with Bank of America and fund were not available to cover it. As a result that Bank of America called the note and they had in actuality by then accelerate the default. At that point, MJ was “technically” in default with the bank.
Keep in mind that MJ was under criminal trial and all his cash when available served to pay defense experts, apartments of the lawyers and the employees that had to live in the area at the time.
The “technical default” of the credit lines triggered a mechanism behind the doors. In fact, there were others competitors around that time, like Goldman Sachs with a revised offer, Mr. Branca with 2 different offers, and Sony hoping the opening of steps that at the end would bring a bankruptcy procedure.
For Fortress, it was handy to simply purchase the loan directly rather than bid against anybody else or continue to negotiate something pursuant to the commitment letter that was existent and issued by them with MJ while entered into the confidentiality agreement. Mr. Burkle suggested that this was what happened. Whether that’s plausible or not, the reader can decide it.
At the end of all the above maneuvers Michael Jackson received out of the blue a “hello” letter that basically says:
“Hello, Mr. Jackson. You owe us something million dollars. You don’t owe the Bank of America anymore. We have purchased the debt and here is some information with respect to the current status and some further pieces of information that we require from you”.
THE EARLY ADVANCE AGREEMENTS OF MAY 25, 2005, THE BANK OF AMERICA FOURTH LOAN DATED 2002 THAT WAS NEVER FUNDED
In the execution copies of assignment and assumption agreements, dated May 3, 2005, between Bank of America, and Fortress Music Trust II( an entities created by Fortress solely for this specific acquisition) there is an assignment and assumption agreement related to a fourth loan agreement with MJ-ATV, which appears to have no balance. Actually existed certain unfunded commitments within the MJ-ATV loan. There were funding obligations of about 3.5 million for Bank Of America to fund additional dollars at some point in time and also was contemplated in the Bank Of America documents an undertaking to look at a $25 million further advance based upon due diligence and an analysis of the underlying assets. Fortress Music Trust II held this money and both amounts were instructed by Yucaipa (Mr. Burkle organization) to be credited to MJ account. Fortress complied.
Both documents can be read here Exhibit 15 AGREEMENT ADVANCE AND FUNDS Exhibit 20 NEW ADVANCE AGREEMENT (2)
What a strange way to swap a debt 7 months before the expiring date and with about 30’000 more million to be fund…eh…
At this point, Michael took back his passport and leave the USA for Bahrain. And even there, it wasn’t a walk in the park.
In fact, in July 2005 Prescient sued him for $48 million, in relation to the smart “swap” done by Fortress directly with BOA.
And in New Orleans, there was a court proceeding in the Joseph Bartucci case. https://www.gpo.gov/fdsys/pkg/USCOURTS-laed-2_04-cv-02977/pdf/USCOURTS-laed-2_04-cv-02977-1.pdf resulting in a fine of $ 10 000 for failing to appear at the hearing. The case was denied: it was another case of someone trying to extort money to MJ.
But while MJ was around the Middle East with a Bahraini delegation to discuss and looking for fresh alternative refinancing, tabloids pictured him as trying to spend further money on useless amenities and in parties.
In Bahrain, there had been posters advertising 2 Seas Records (Sheik Abdullah’s record label where rumors said MJ probably released his “single” as “Music to Heal the Pain” using images of the Katrina disaster and conveniently leaving out any mention of MJ).
In September Michael was at the Dorchester Hotel in London to give a deposition for Marc Schaffel’s suit
and
by the end of the same month, Mr. Branca allocated a UCC over his assets (MJPT – MJ/ATV) which definitely blocked and created further problems the refinancing discussions, being a new lien in between MJ assets and the financial institution.
In October Michael’s countersuit against Marc Schaffel, accusing him of concealing and misappropriating funds and settled a lawsuit filed by an antique dealer who alleged he had not fully paid for $380,000 worth of goods.
November was the month of media reporting a lot of fun and leisure for MJ:
Michael & the kids are back in Dubai where they stay at the One and Only Royal Mirage.
Michael visits a development model at Nakheel company
Michael at the Dubai Desert Rally racing tournament at Le Meridien Mina Seyahi hotel in Dubai with renowned Bin Sulayem, UAE rally champion in Dubai, United Arab Emirates.
Michael & the kids in Muscat (Oman) having fun
All of the above activities were not holidays but deep explorations of possible business and joint venture with middle eastern local entrepreneurs. In Oman, he went to explore a project called “Blue City” and news told he was extremely charmed by that beautiful country.
Meanwhile former business partner & adviser Dieter Wiesner filed a civil complaint against Michael & his society Triumph in Los Angeles demanding $64 million for fraud & breach of contract of MJ Net Entertainment and Marc Shaffel gave to a US TV, the show Good Morning America excerpts from a phone recorded message left by Michael to him in 2003 which contain anti-Semitic words…
Shaffel was involved in“What more can I give”, a song which was supposed to raise 50 million of dollars for victims and families of the September 11 terroristic attack. Shaffel was a well-known sex industry scumbag and when MJ discovered his background, immediately ended the association with him. Actually, Shaffel was booted off of the recording project because of his lack of musical expertise and the rights to the song, were of Michael Jackson.
Michael Jackson in the video for his long-awaited charity single What More Can I Give Credit: WENN Oct 2003 (WENN does not claim any Copyright or License in the attached material. Any downloading fees charged by WENN are for WENN’s services only, and do not, nor are they intended to, convey to the user any ownership of Copyright or License in the material. By publishing this material, the user expressly agrees to indemnify and to hold WENN harmless from any claims, demands, or causes of action arising out of or connected in any way with user’s publication of the material. )
He was desperate to get the release of the single and was around the press claiming he owned the song, even if he had no rights to exploit, distribute or in any way interest in the master recording of ‘What More Can I Give.'” He falsified books and records to try to get as much money as possible from Michael Jackson before the termination of his collaboration and after being fired he postdated $784,000 in checks he wrote on behalf of the company Neverland Entertainment. When asked by an attorney to explain his fraudulent actions he answered: “I just didn’t want to get caught holding the bag for expenses Mr. Jackson had agreed to,” adding that MJ had agreed to keep paying his expenses (including basics like rent and utilities) for another six months after letting him go. Am I that bad to think that he was trying to put MJ down to extort him more money?
MJ’s “Christmas gift”, that year, was a Court hearing in the Debbie Rowe‘ s children visitation rights case in Los Angeles.
As part of his efforts to look for refinance his debts and liabilities, including the Fortress loans, on November 26, 2005, MJ formalized an arrangement with AQ Business Consultants to assist him in obtaining new financing. AQ Business Consultants, a company organized under the laws of the Kingdom of Bahrain, and assisted MJ to negotiate an agreement under which Fortress agreed to forbearance from any enforcement action based upon existing loan defaults due on December 2005. This agreement allowed MJ a forbearance period of 30 days extendable of additional 30 days that cost him a break up fee of 2 million of dollars plus 1% of the total due amount to be payable to Fortress to avoid enforcement on the loan.
Such small period of time: too short and too expensive…(You can read the documents here AY – Exhibit 25 forbearance dec 2005)
The year closes at sea and the new one had already the premises of many obstacles to be resolved.
Meanwhile, the tabloids went crazy with the above pictures.
Stay with me…
Sources:
Various exhibits, documents, and testimonies of the Prescient lawsuit 2006/2008
Anyone interested in reading the depositions can send me an email
“Hollywood, Interrupted: Insanity Chic in Babylon — The Case Against Celebrity by Andrew Breitbart & Mark C. Ebner
Michael Jackson’s “Financial Problems”: Somebody Was Really Out To Finish Him While media kept on to describe Michael Jackson run away from the US as a period of peace and relaxation, actually was the contrary.
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