EXCLUSIVE: We hear the deal to put the Miramax name and library under new ownership is done. But the reason there is no announcement is that Harvey Weinstein wants to make a publicity splash at the Cannes Film Festival which kicks off Wednesday. [UPDATE: Harvey's camp just told us: "We'd love to announce at Cannes. We're very close but if you go to Loeb & Loeb on the 25th floor, there are 3 boardrooms of people still negotiating." Deadline stands by its story.]
We’ve learned that the Weinstein Brothers/Ron Burkle/Fortress-Colbeck partnership has finally settled for a price of around $650 million — which, on the surface, seems like more than Burkle wanted to pay, and less than Disney expected to receive. [UPDATE: The Weinsteins will claim the price is "under $625M", but Disney will privately say it's "above $650M" and more like $700M.]
You may remember that Deadline (which broke the story that Disney was selling the Miramax library in the first place) predicted that the parent company would haggle a higher price than the $625 million Burkle was offering at the start of his exclusive negotiating window with the studio starting April 17th. That window was supposed to remain open for only 5 days, but extended because of a strategic end game.
In order to get the price down for Burkle and up for Disney, both sides engaged in some last minute bargaining over the timetable for expected receivables and the list of included assets. Team Harvey tried to convince Disney to move some or all of those $200M receivables coming in for the next 36 months to the 2009 calendar year, so it would look as if Burkle were paying less for Miramax than he actually is. (Burkle is putting up 1/2 the sale price, with the NY hedge fund Fortress-Colbeck footing the rest. The Weinsteins put up no money.) Meanwhile, Disney stuck firm to its $700 million price, until enough real assets had been taken out of the proposed transaction on the table so the studio didn’t feel as if it were selling Miramax at a discount.
Both sides met in the middle on both issues. So don’t believe the hype: the real price Miramax fetched was $700 million. Disney got rid of a defunct asset at a decent price. And Burkle wound up paying above and beyond the $500M it’s probably worth. And Harvey and Bob come away with no equity but at least bragging rights to the company named after their parents Miriam and Max, and distribution rights and fees to manage the Miramax library they initially sold to Disney in 1993 for $80 million and then built into 600 titles until the bros were forced to leave it behind in 2005 after a prolonged falling out with Michael Eisner.
One issue that never received any publicity is how Harvey privately used his remaining leverage with Disney to threaten to screw over anyone else who was even thinking of buying Miramax. Under their exit deal in 2005, the Weinstein bros were able to retain a hold over sequel or reboot rights to films like Scream, Spy Kids and some other Dimension titles. Harv, in his inimitable way, was warning Disney and the other buyers that he would do what he could to make developing those projects a nightmare. It was a threat not lost on Disney, which is why the studio is so happy now to be rid of Miramax and finally, Harvey.
But this time, Harvey has met his match in Ron Burkle, who has a history of going to court against anyone involved in his financial investments whom he thinks steps out of line. Just ask Mike Ovitz, Anne Hathaway’s former fiance, and Barnes & Noble, which Burkle last week sued over a poison pill provision that prevents him from acquiring 20% or more of the book retailer in order to have a say in how it’s run.






Who was Anne Hathaway’s former fiance? Not Mike Ovitz… ???
For some reason I suspect that all the drama coming from Miramax in the future will not be in the theaters.
Good luck Ron Burkle, you’re going to need it.
Oh mickey you’re so fine you’re so fine you blow my mind hey mickey…..hey mickey…
best attorney ever!
I note you call this film library a “defunct asset”. Will Warner Brothers, Universal or SONY look for “defunct assets” in their film catalogs? Perhaps the founders of New Line can buy back certain of their titles (say everything except Lord Of The Rings trilogy).
Will film catalogs be better managed by entrepreneurs than media conglomerates?
First movie under the new ownership: STEEL CAGE DEATH MATCH starring Harvey WHINEstein and Ron Burkle. That’ll sell some tickets!
I’m wondering how this will effect home video rights to films from Miramax. There are many Miramax titles not yet available on Blu-ray. Hopefully they fall into the right hands. I’d love to see films like Good Will Hunting, Chocolat, English Patient and Shakespeare in Love on Blu-ray here in the US. Plus there is always the animated “Thief and the Cobbler” (aka Arabian Knight) which has never been released with a proper widescreen DVD here in the states.
Ron Burkle calling for Harvey? Well, when will he be in? I’ve already left word on his assistant’s cell… I’ve also emailed his assistant a hundred fucking times, so where the fuck is he?
Ron Burkle again — I don’t give a fuck, just get him on the line. Well, give me his goddamn number in China? That’s my private jet he’s flying on, cocksucker.
Okay, fuck, it’s Burkle again — don’t say a word. Just tell that big pile of shit that he’s about to be served. I will see him in court – and I will make him my personal bitch.
Harvey Weinstein returning for Ron Burkle. Let me give you a number — Ron can reach me at any time of the day or night on this number. I don’t give a shit if he wakes my 24 around the clock assistant – the guy lives to clip my toenails. Just tell Ron two words: Pulp Fiction 2. Okay, three, whatever the fuck. I’ll be waiting for his call.
To be continued on Pay Per View.
this just proves the house of mouse has learned the hard way what happens when you dare to try and pick a fight with the weinsteins you wind up with nothing but pain and head aches pr wise. no doubt Disney would have proably in the end just told Harvey and co to just take miramax and be gone . given all the trouble to make sure miramax is back where it belongs. and to pay for it Harvey can sell the movie rights to Disney.
Congratulations to Harvey and Bob Weinstein for getting their baby back! Although they should never have sold Miramax to begin with for only 88 million dollars, and now have to pay out 650 millions to get it back, they’re already at a loss of 562 millions! Disney is the winner in this financially, but Disney should have never bought Miramax because you can’t make kids movies and buy a company that produced ” Pulp Fiction “. Clearly Miramax became a dud under Disney’s control, now Mirimax is back in the right hands of its original owners who founded the company, have talent in producing good movies, know how to choose good scripts ( unlike some bad producers ) only in it for the money! The Weinstein brothers are very good producers with a keen eye for creative visions and they are bold, fierce, and unconventional! Can’t wait to see more edgy films from them! I believe things always end up where they are supposed to be, in this case is the perfect example! I hope they will never sell the company again for less money and buy back five times more than what they sold! A lesson learned! And Disney should just stick to Mickey mouse!
“have talent in producing good movies,”
Yeah, Playing for Keeps was the best movie of the 80s…
“know how to choose good scripts”
My Baby’s Daddy was a good script?
CHA-CHING! disney is unloading crap and pumping up to release movies of there house of dominant brands( see marvel, pixar, cinderella, etc)
DISNEY…BUT IT.HOLD IT. THANKS ME LATER.
“One issue that never received any publicity is how Harvey privately used his remaining leverage with Disney to threaten to screw over anyone else who was even thinking of buying Miramax…. Harv, in his inimitable way, was warning Disney and the other buyers that he would do what he could to make developing those projects a nightmare. It was a threat not lost on Disney, which is why the studio is so happy now to be rid of Miramax and finally, Harvey.”
– Harvey certainly is (or was) a tough talking bully when he had other people’s money, a distribution system, lapdog attorneys, and wimpy creditors. Now he’s got no money to buy or release films, attorneys and staff fleeing the ship like wet rats, a crashed Miramax deal, and creditors who are about to shut him down. So when will the industry perception of him jump the shark, to simply be, “Life’s-too-short-to-take-this-a–hole’s-call?” How many dinner conversations this weekend will center around the meme, “About time that %&*#@ got his cumuppance.” Hundreds? or, thousands?