1 Exhibit 10.39 [CINEMASTAR LETTERHEAD] May 2, 1995 Robert A. Bailey, #117 P.O. Box 5005 Rancho Santa Fe, CA 92067 Dear Robert: We would like you to assist us in establishing one or more corporate "Lines of Credit", or establishing Loans to support our company expansion. In addition, we would like you to assist us in locating and establishing leases for existing or "build to suit" theater sites. This letter agreement will serve to establish the terms of your compensation for obtaining for us, one or more "Lines of Credit" and/or for obtaining one or more Loans and/or for establishing leases for existing or "build to suit" theater sites. We reserve the right to accept or decline the terms of a proposed "Line of Credit" or a proposed Loan, or proposed theater lease that you bring to us. Of course, if we decline any of these transactions, no fee is payable on that transaction. 1. Term. This Agreement will become effective upon execution by the parties and will extend until November 2, 1995. It is understood and agreed however, that for a period of two years after the expiration of the Term, if a commitment for a "Line of Credit" is accepted, and/or any funds are borrowed and funded from a source of yours, or a lease is entered into from one of your sources, a fee will nevertheless be paid as if this Agreement were still in full force and effect. 2. Line of Credit. In recognition of the fact that most of your effort will be spent in obtaining a commitment for a "Line of Credit", we agree to pay you a cash fee of three percent (3%) upon our receipt of a written commitment for a "Line of Credit" from one of your lending sources. We agree to draw sufficient funds from this "Line of Credit" at the time of the written commitment in order to make this payment to you, or to instruct the Lender to make payment directly to you from the "Line" as soon as it is issued. In addition, we agree to pay you a cash fee of two percent (2% ) on amounts that are funded against the "Line of Credit". This fee will be payable from proceeds funded against the "Line". It is understood that if a commitment is made to increase an already established "Line of Credit", the above referenced 3% commitment fee will be payable upon such commitment increase, and the 2% fee will be paid on amounts funded as the increased credit line is accessed. 2 Mr. Robert A. Bailey Page 2 May 2, 1995 3. ADDITIONAL LINES. If more than one lender commits to our receiving a "Line of Credit", it is understood that the terms of payment specified in paragraph 1., above will apply to any additional "Lines of Credit" as well as the initial "Line". 4. LOANS. If you obtain a loan for the corporation, the terms of which are acceptable to us, a fee of five percent (5%) of the amount loaned will be paid at the time of funding such loan. 5. LEASES. In the event that you are able to obtain a Lease for either an existing theater or a "build to suit" theater, on terms that are acceptable to us, we will pay you a fee of $3.00 per square foot upon our opening that theater for business. You will attempt to have this fee paid by the Landlord, but if you are unsuccessful, then we shall be obligated to pay the fee. 6. ASSUMPTION OF OBLIGATION. It is our understanding that you will assume the fee obligation that would be owed under any of these transactions by CinemaStar Luxury Theaters, (formerly Nickelodeon Theater Co., Inc.), to Chris Nicholas and to Jon Meloan pursuant to their respective "Fee Agreements" dated 9/3/93. 7. AGREEMENT TO COOPERATE. We understand that in order to develop a substantial "Line of Credit", lenders will require cash-flow projections, company statements, background data, company growth plans, a review of the facilities and interviews with operating management. We fully expect that this will take executive and staff time. We also know that to effectively establish such a banking relationship, several months may be required, along with compensating balances, incremental borrowings and some negotiations with the Lender. We agree to support such an effort. 8. CONFIDENTIALITY. We understand that the Lending Sources and Contacts you bring to us are to be treated as private and confidential and are not to be disclosed to outside parties for a period of one year after the expiration of the term of this Agreement. 9. ENTIRE AGREEMENT. This letter constitutes the entire agreement between the parties regarding lines of credit and loans. Any modification hereto must be made by a written amendment that is signed by both parties. Very Truly Yours, Acknowledged and Agreed: /s/ John Ellison, Jr., /s/ Robert A. Bailey _____________________________ ______________________________ John Ellison, Jr., Robert A. Bailey President 5/2/95