With no explanation, chose the best option from "A", "B", "C" or "D". to less than $3,810 per subscriber. 36 . Responsive Brief of Time Warner, filed August 29, 2006, at 2 (ECF # 11890). Mr. Adige estimated the “actual” per subscriber amount to be $3,856 per subscriber. See Adige Supp. Decl., Exh. 3 at ¶ 9. 37 . See In re Adelphia Comm’cns Corp., 368 B.R. 140, at 163, 2007 WL 866643, at *31 (Bankr.S.D.N.Y. January 03, 2007) (“Confirmation Decision”). 38 . The exact amount of the increased valuation of the 16% stake in Time Warner "to be issued” stock is not in the record of this dispute because the Court issued its decision on valuation after the parties had submitted their briefs on this matter. 39 . Consortium Brief, filed August 18, 2006, at 8 (ECF # 11840). 40 . See Shell Oil Co. v. Trailer & Truck Repair Co., Inc., 828 F.2d 205, 210 (3d Cir.1987) (<HOLDING>); Pantry Pride Enterprises, Inc. v. Stop & Shop

A: holding that when determining the proper amount for a burdened property that was purchased in a package only two methods suggest themselves as arguably appropriate 1 a determination of the fair market value of the  property burdened by the right of first refusal or 2 a determination of the portion of the  purchase price which based on the percentage of the fair market value of the entire package represented by the  property burdened by the right of first refusal should be allocated to the  property burdened by the right of first refusal
B: recognizing enforceability of right of first refusal when burdened property is part of integrated transaction with sale of unburdened property
C: holding that for a transaction to constitute a sale and trigger a first right of refusal it must involve an armslength transaction resulting in an actual change in control of the burdened property rather than simply moving it from the individual owners to an entity controlled by them
D: holding right of first refusal only applied to a voluntary sale and taking of property by condemnation is involuntary therefore right of first refusal not triggered
A.