News: What the Fear

Negotiations Halting the Terminator

by Giaco, Thu., Jul. 19, 2007 10:41 AM PDT
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Only three things can stop the terminator, a hydraulic press, liquid magma and?a lawsuit? Though a deal was being made for the distribution of Terminator 4, the negotiations have ended as a lawsuit is being filed. The T Asset Acquisition Company, the company that just this year bought the rights to the Terminator Franchise, has filed suit against MGM for not negotiating in good faith when they attempted to work out a distribution agreement for the film.

Hollywood Reporter explains:

MGM maintains that it acquired first rights in the 1990s for an exclusive, 30-day negotiation for distribution rights to the films in the franchise. Although T Asset, the company formed to produce the movie, challenges that contention, it says that Borman and MGM COO Rick Sands first met for lunch on May 31 at Houston's in Century City to begin to discuss a deal.

T Asset alleges that MGM made an initial offer of $200 million in production and marketing commitments, but because MGM also insisted on approval for director, star, screenplay and budget as well as a lower backend participation for the producers, T Asset said the proposal fell short.

Because T Asset hadn't allowed MGM to read the screenplay and hadn't revealed who would direct and star in the film -- which will not involve original star Arnold Schwarzenegger -- MGM suspended negotiations, awaiting a counterproposal.

On June 26, T Asset notified MGM that MGM's negotiating window would close as of June 29. MGM's attorneys responded with a June 28 letter accusing T Asset of making an unreasonable "take-it-or-leave-it demand," saying that the negotiating window remained open and that T Asset could not talk with other distributors.

Claiming that MGM is trying to "disrupt and prevent any efforts by T Asset to negotiate with any third parties," T Asset is asking the court for a permanent injunction against MGM, to declare MGM's first negotiation rights unenforceable and to prohibit MGM from interfering with T Assets' negotiations with other parties.

"MGM is completely comfortable with its rights position on the 'Terminator' franchise, and we will not allow anyone to interfere with our rights," MGM spokesman Jeff Pryor said.