Phoenix XX: Two Weeks!

[Fourier]

Do those of us who have been here from day 1 get some sort of gift from HF for our dedicated service. Perhaps a gold watch would make this all worth while?

 

[Finlandia WOAT]

Congrats on 20 threads!!!

I wonder if any new arguments will be added to the North South debate this time?

 

[Killion]

The temporary lease between the NHL and Glendale contains language indicating that Glendale reserved all of it's rights to damages as per the original AMULA..... Judge Baum put the question directly to Glendale's counsel (paraphrasing) "You do understand that if you fully support the NHL bid and things go sideways, you cannot stop them from relocating free and clear?" Glendale: "We fully support it!"

Answered before the ink dried. Thanks.

 

[CasualFan]

Have you seen anything in the interim lease & or the $25M agreement between the COG/NHL with clauses that negate such a possibility?. Just have to believe the league would've buried that somewhere in the fine print, possibly written in Summarian, to wit the COG (Tindall, Beasley?) simply signed off-on without studyin' much in their haste to extend negotiations beyond last May. It would be unlike the NHL not to do so no?. My guess is that should the deal collapse, the COG's fingers will be pointing at the GWI, a convenient scapegoat. I cant imagine them wanting to get into a p........g contest with the NHL in open court.

COG used outside counsel to assist in BK and Lease. They did not just have Tindall flying solo.

I did not go pull the agreement, but I'm positive Glendale reserved their rights to damages - unless my memory has collapsed like the Coyotes in the 3rd period (sorry, that was a cheap shot that belongs on the Shark Fan Board, not here)

In civil court, you sue the person with the deepest pockets. That's the NHL. And that's why I'm very interested to see how Glendale will position themselves if this does fall apart.

 

[Jesus Christ Horburn]

 

[MAROONSRoad]

If the deal falls apart, as it now appears closer to doing, I'm extremely curious if Glendale will tee up a lawsuit for specific performance/damages/etc.

I don't see it as a successful claim but I would rather enjoy watching Glendale turn on the NHL.

Specific performance of what? Where has the NHL ever promised/contracted to keep an NHL team in Glendale for X amount of years? The NHL bought the team out of bankruptcy and has so far agreed to sub-lease the arena for one year periods only on two separate occasions. Glendale, by placing $25 million in escrow to cover this years losses, bought a one year extension, but also implicitly acknowledged the NHL's right to move the franchise out of Jobing.com. If Glendale sues, I'd imagine they'd have to come up with something better.

GHOST

 

[blues10]

The CoG is on the hook for up to 25 million. The NHL won't touch that money until this deal has 0% chance of success. CoG isn't going to say anything until this deal has 0% chance of success or they have it complete. I'm sure the NHL is paying the accounts (they own the team and wouldn't like bad press about not paying their bills).
If Goldwater or anyone was going to sue about the 25 million they would of done so last summer. Not saying it's not against the gift clause but what can be gained if the team is leaving.
This story isn't over but the longer it goes the less chance of it ending well for the Coyotes in my opinion.

Could Goldwater have launched suit on merely an intent to fund losses? I thought some $$$$ actually had to change hands before GWI could pursue anything. $25 million sitting in escrow wasn't enough for GWI to pursue. I could be wrong.

 

[kdb209]

Do those of us who have been here from day 1 get some sort of gift from HF for our dedicated service. Perhaps a gold watch would make this all worth while?

HFBoard Snuggies for all ...

In short (ie without going back to the transcripts or pulling up the agreements)

During the bankruptcy proceeding, Glendale testified that they did not support the Balsillie bid because it contemplated immediate relocation. Glendale backed the NHL bid because while it did contemplate relocation, it would only be if Glendale failed to secure a local buyer. Glendale indicated their support of the NHL bid was not a waiver of any of their rights to damages contained in the AMULA.

The temporary lease between the NHL and Glendale contains language indicating that Glendale reserved all of it's rights to damages as per the original AMULA.

But any damages under the original AMULA would be against Moyes' estate, not the NHL. And even if they get past Moyes' claims of a statutory cap on lease damages, they will be paid pennies on the dollar from what remained in Moyes estate.

 

[Whileee]

If the deal falls apart, as it now appears closer to doing, I'm extremely curious if Glendale will tee up a lawsuit for specific performance/damages/etc.

I don't see it as a successful claim but I would rather enjoy watching Glendale turn on the NHL.

I think that part of the NHL's motivation in their actions in this saga has been to ensure that they are not seen as having pulled the rug out from under the COG in their efforts to keep the Coyotes. After all, they did step in and purchase the club and kept it in Glendale for two seasons, with their only request being that Glendale enter into a lease agreement with a suitable owner. So far, they have given provisional approval to the only two ownership candidates with whom the COG have come to some agreement (Reinsdorf and Hulsizer).

If this deal collapses it will be based on a failure to carry through with their lease agreement with Hulsizer. I think it will be hard to pin that on the NHL.

 

[PitbulI]

Did the Fan 590 link posted earlier have any useful information?

 

[Coach]

Could Goldwater have launched suit on merely an intent to fund losses? I thought some $$$$ actually had to change hands before GWI could pursue anything. $25 million sitting in escrow wasn't enough for GWI to pursue. I could be wrong.

I'm not a lawyer so could be wrong but couldn't Goldwater of sued when the agreement was signed last summer. They didn't sue then because A) the city said the sale was imminent and that money would never be touched and B) the money was supposed to be raised from taxes in the busines district. (something that wasn't created at the time)
I defer to anyone with more legal knowledge than myself.

 

[cbcwpg]

If the deal falls apart, as it now appears closer to doing, I'm extremely curious if Glendale will tee up a lawsuit for specific performance/damages/etc.

I don't see it as a successful claim but I would rather enjoy watching Glendale turn on the NHL.

What exactly do you think the CoG will sue for?

IMO I don't understand how the CoG could think of sueing the NHL for damages when everything was the CoGs and previous owners faults. The CoG built the arena where they did after they were convinced by someone that it was going to become the end-all-be-all entertainment hub. The CoG and the previous owners signed a lease that never gave them a chance at making a profit ( regardless of how good / bad the owner might have been ). And now the NHL is bending over backwards to stop time to give the CoG absolutely every chance to find an owner.

 

[CasualFan]

But any damages under the original AMULA would be against Moyes' estate, not the NHL. And even if they get past Moyes' claims of a statutory cap on lease damages, they will be paid pennies on the dollar from what remained in Moyes estate.

Agree completely.

That is why I am curious if this falls apart would Glendale be desperate enough to frame up a case against the NHL. The alternatives are not very attractive.

 

[Brodie]

lets all just keep laughing at this one

 

[Whileee]

I hope the weather doesn't keep the fans from attending the game tonight.

In all seriousness does anyone else find it strange that the COG has issued only a few one line statements from their spokesperson and the statement directed at Goldwater and essence have remained very quiet since December 14. Why no TV, radio or newspaper interviews singing the praises of the Coyotes remaining in Glendale. Politicians love to take credit for "making a difference". Conversely neither Liebermann or Alvarez has spoken out publicly against the deal with Mr. Hulsizer.

This to me seems to be the opposite of transparent government and seems to consist wholly of secret backroom planning.

Is it at all possible that the deal may be in some real trouble. In addition, if the deal with Mr. Hulsizer was to not work out and the NHL draws on the $25 million to cover this years losses could that be an illegal gift? If it is clearly in violation of the Arizona gift clause to give the NHL $25 million to fund losses directly could the Mayor and council have knowlingly signed a contract last June with the NHL that breaks state law. What could the repurcussions of that be?

At this point in the season would it be safe to say the Coyotes owe some serious $$$$$ to some of their accounts. Airlines, hotels etc... At what point in time will those companies demand payment? Could it be two weeks?

I have to say that I am tempted to stick with my "Weekend at Bernie's" analogy. (For those of you unfamiliar with the plot, Bernie is dead but folks pretend that he is still alive so that they can continue to use his beach front pad for partying, etc.).

If this deal is not going to happen, there are many reasons for delaying the announcement and looking for scapegoats. I almost wonder whether the COG's bizarre PR salvo directed at the GWI was an attempt to goad the GWI into action so that they could point the finger at them for the failure to issue the bond, etc.

I still have a sense that the COG will find some way of making things work with Hulsizer, but if the deal craters I think we will eventually find out that it was dead long before it was publicly announced.

 

[Buck Aki Berg]

At this point in the season would it be safe to say the Coyotes owe some serious $$$$$ to some of their accounts. Airlines, hotels etc... At what point in time will those companies demand payment? Could it be two weeks?

Generally, anything put on account starts accruing interest after 90 days...

 

[RAgIn]

Did the Fan 590 link posted earlier have any useful information?

No new news. Just rants about stuff we already know.

 

[Coach]

Howard Bloom on Fan 590 talking about coyotes situation.
http://feedproxy.google.com/~r/Andr...-Andrew-Krystal-in-the-Morning-(7am-hour).mp3

around 31:40

Interesting, he feels the deadline is the end of April or end of May.
Personally I don't feel the deadline can be that far away.
My question is if the deadline is so far away why wouldn't Bettman have just announced the deal would be completed within the next month instead of saying 2 weeks. He knows the press is going to be asking him when the two weeks is up and I can't see him going through this 6 or 8 more times (every 2 weeks).
If the deadline was that far away IMO, he would of said the deal will be done in 2 months and just shut everyone up for a while.

Edit: In thinking about this further the 2 week comment likely continues to put pressure on the CoG to get this deal done so moving on....

 

[CasualFan]

What exactly do you think the CoG will sue for?

What we always sue for... a settlement agreement!

I am only presenting my interest in seeing if Glendale ends up in a desperate position of turning on the NHL and seeking damages against the league.

We should probably wait for that to actually occur before we dedicate 1,000 or more posts to whether they have a claim or not, what the claim could be worth, or any other wild speculation about it.

As I analyze the city's position as it currently stands - almost 2 months past council approval and still no deal in place - I am personally curious to see if they will chase the deepest pockets in the room by filing claim against the NHL. That interest was not meant to be the jump off point for over reactions.

 

[MaskedSonja]

I sometimes do wonder what the day will be like if/when I come to the business boards and DO NOT see a "Coyotes PART *blank* thread as being active.

I wonder how many of us will say "something seems missing here....." (by then of course you can all get ready to read ABD and Tinalera book we're writing on this whole saga )

 

[MaskedSonja]

What we always sue for... a settlement agreement!

I am only presenting my interest in seeing if Glendale ends up in a desperate position of turning on the NHL and seeking damages against the league.

We should probably wait for that to actually occur before we dedicate 1,000 or more posts to whether they have a claim or not, what the claim could be worth, or any other wild speculation about it.

As I analyze the city's position as it currently stands - almost 2 months past council approval and still no deal in place - I am personally curious to see if they will chase the deepest pockets in the room by filing claim against the NHL. That interest was not meant to be the jump off point for over reactions.

CasualFan you exaggerate so!

I'm sure it would only be 900 or so posts

 

[PitbulI]

lets all just keep laughing at this one

I bet everyone here wants one of those snuggies. It will be a collectors item next season.

 

[MaskedSonja]

Interesting, he feels the deadline is the end of April or end of May.
Personally I don't feel the deadline can be that far away.
My question is if the deadline is so far away why wouldn't Bettman have just announced the deal would be completed within the next month instead of saying 2 weeks. He knows the press is going to be asking him when the two weeks is up and I can't see him going through this 6 or 8 more times (every 2 weeks).
If the deadline was that far away IMO, he would of said the deal will be done in 2 months and just shut everyone up for a while.

Edit: In thinking about this further the 2 week comment likely continues to put pressure on the CoG to get this deal done so moving on....

How many times has "two weeks" been said up to this point?


If NHL/CoG says "April/May" Gosh that's playoff time, they're gonna wait until after the playoffs-that means they're coming to Winnipeg for 2011-12 AAAAAHHHH!

Seriously, that's too far-they seem to content to say 2 weeks, and keep repeating themselves.

to paraprhase a line from the Barenaked Ladies "It's been 2 weeks you said the deal was done....." (hopefully someone can do better )

 

[MAROONSRoad]

What we always sue for... a settlement agreement!

I am only presenting my interest in seeing if Glendale ends up in a desperate position of turning on the NHL and seeking damages against the league.

We should probably wait for that to actually occur before we dedicate 1,000 or more posts to whether they have a claim or not, what the claim could be worth, or any other wild speculation about it.

As I analyze the city's position as it currently stands - almost 2 months past council approval and still no deal in place - I am personally curious to see if they will chase the deepest pockets in the room by filing claim against the NHL. That interest was not meant to be the jump off point for over reactions.

If they are going to sue the NHL, they'll have to come up with a different theory than specific performance though. Unless I am missing something, the NHL has NEVER promised the COG that they would keep the team at Jobing.com beyond any one year commitment. Therefore, there is no breach of contract between the parties on which to claim such remedy. It's a non-starter as far as I can tell.

GHOST

 

[Whileee]

What we always sue for... a settlement agreement!

I am only presenting my interest in seeing if Glendale ends up in a desperate position of turning on the NHL and seeking damages against the league.

We should probably wait for that to actually occur before we dedicate 1,000 or more posts to whether they have a claim or not, what the claim could be worth, or any other wild speculation about it.

As I analyze the city's position as it currently stands - almost 2 months past council approval and still no deal in place - I am personally curious to see if they will chase the deepest pockets in the room by filing claim against the NHL. That interest was not meant to be the jump off point for over reactions.

Yes, this speculation is interesting but premature. After all, the deal is expected to be concluded successfully within two weeks.