Phoenix XXII: It's Now or Never

Discussion in 'Fugu's Business of Hockey Forum' started by CasualFan, Feb 22, 2011.

Thread Status:
Not open for further replies.
View Users: View Users
  1. CasualFan

    CasualFan Tortious Beadicus

    Joined:
    Nov 27, 2009
    Messages:
    3,215
    Likes Received:
    0
    Trophy Points:
    54
    Location:
    Bay Area, CA
    MOD: Copied key posts from the last thread - http://hfboards.com/showthread.php?t=876014

    In lieu of vCash, which would be gambled away, CF gets to be the OP for perhaps the last one of these threads? Imminent is imminent.


    Let's collect all the agreements as if they were Pokemon cards. The Moyes AMULA in 4 parts:

    http://docs.bmcgroup.com/phoenixcoyotes/docs/azb_2-09-bk-9488_756_1.pdf
    http://docs.bmcgroup.com/phoenixcoyotes/docs/azb_2-09-bk-9488_756_2.pdf
    http://docs.bmcgroup.com/phoenixcoyotes/docs/azb_2-09-bk-9488_756_3.pdf
    http://docs.bmcgroup.com/phoenixcoyotes/docs/azb_2-09-bk-9488_756_4.pdf


    Then we have the substantial draft of the Hulsizer AMULA
    http://www.glendaleaz.com/Clerk/agendasandminutes/Special/Agendas/021511-SM01.pdf

    The November 2001 Arena Development Agreement is still missing from our set.
     
  2. GSC2k2*

    GSC2k2* Guest

    I call your pair of AMULA's and raise you a development agreement (which I have, but cannot upload due to size) and, the prize (and solution of much of this) the Easement agreement:
     
  3. Fugu

    Fugu Guest

    I don't know if they indeed will choose that or not, but I recall reading that was one issue that was being investigated further.


    That's why I keep asking for all the blanks to be filled in.

    Once upon a time, an arena was built by COG, and they paved some land for parking. Elman promised to build a parking garage at some point in the future.

    2001
    2002
    2003
    2004
    2005
    2006 -- Elman exits, Moyes assumes 100% ownership (more or less) of the Yotes and sole Arena Manager
    2007
    2008
    2009 - Baum awards the Coyotes to the NHL for $140m; Moyes is still the Arena Manager, plus all rights, which the NHL asked for/received by asking him to not terminate the agreement for one additional year. ???

    2010 -- June 2010. Moyes agreement is terminated.
    2011 - MH, who hasn't bought the team yet, somehow will sell the parking rights to COG.

    ??????

    What did I leave out?
     
  4. aj8000

    aj8000 Registered User

    Joined:
    Jun 5, 2010
    Messages:
    1,246
    Likes Received:
    31
    Trophy Points:
    71
    I don't think you left anything out. I want to see how the previous rights have been automatically assigned to MH so he can sell them back to the COG.

    I have been trying to find the agreement to fund the losses for the year to read how the extension of Moyes lease from the end of June was worded. If I remember correctly it was only temporary.

    If anyone has the link to the thread it would be much appreciated.
     
  5. CasualFan

    CasualFan Tortious Beadicus

    Joined:
    Nov 27, 2009
    Messages:
    3,215
    Likes Received:
    0
    Trophy Points:
    54
    Location:
    Bay Area, CA
    So much for staying above the fray. I believe the answer that you are looking for is found when you revise the 2009 entry to your time line.

    Specifically in the NHL Asset Purchase Agreement Schedules:

    1.1(e) Permitted Encumbrances
    Common Operation and Reciprocal Easement Agreement for the Entertainment District at Westgate, made as of the February 15, 2006, by Entertainment Center Development, LLC and Coyote Center Development, LLC.

    2.2(ii) Excluded Team Contracts
    AMULA Undertaking and Indemnification Agreement, dated as of September 25, 2006, by Coyotes Hockey, LLC and Coyotes Holdings, LLC for the benefit of Coyote Center Development, LLC and Glendale-101 Development, LLC.

    The NHL kept the Easement Agmt and excluded the AMULA. Therefore, when the NHL transfers it's holdings Hulsizer, the parking rights go with it.
     
  6. AllByDesign

    AllByDesign Who's this ABD guy??

    Joined:
    Mar 17, 2010
    Messages:
    2,317
    Likes Received:
    0
    Trophy Points:
    0
    Occupation:
    Finance.
    Location:
    Location, Location!
    The MUDA is the initial framework for the entire development. The parking rights at that point were assigned to the Arena Manager. Ellman -> Moyes ->NHL ... once MH signs an Amula and is deemed the arena manager he would have those rights.

    GWI never challenged the initial framework for this development in which these rights were initially assigned. Would that not make it difficult to contest at this point?
     
  7. CasualFan

    CasualFan Tortious Beadicus

    Joined:
    Nov 27, 2009
    Messages:
    3,215
    Likes Received:
    0
    Trophy Points:
    54
    Location:
    Bay Area, CA
    For the record, the NHL held the right to assume any Glendale Contract per their APA:

    NHL APA @ 2.14(b)

    I think that some users want to keep revisiting this parking transaction until they find a smoking gun to prove it's invalid. There just isn't one.
     
  8. Roadrage

    Roadrage Registered User

    Joined:
    Mar 25, 2010
    Messages:
    480
    Likes Received:
    29
    Trophy Points:
    51
    Location:
    Next door
    So the Arena Manager had the right/opportunity to charge for parking for 3 years before Westgate was even opened in late 2006 but didn't?
     
  9. OthmarAmmann

    OthmarAmmann Omnishambles

    Joined:
    Jul 7, 2010
    Messages:
    2,761
    Likes Received:
    0
    Trophy Points:
    54
    Location:
    NYC
    But does that require Hulsizer to monetize the rights before they are transferred to him?
     
  10. mouser

    mouser Business of Hockey

    Joined:
    Jul 13, 2006
    Messages:
    21,659
    Likes Received:
    2,186
    Trophy Points:
    187
    Location:
    South Mountain
    The Arena Manager has had the right to charge for parking, but has not done so to date. Without reading through the legal agreements I can't confirm the specific date that right started.
     
  11. Confucius

    Confucius Registered User

    Joined:
    Feb 8, 2009
    Messages:
    14,622
    Likes Received:
    537
    Trophy Points:
    139
    Location:
    Toronto
    How many bonds did the city sell today...........

    crickets?

    It's 11:20
     
  12. Confucius

    Confucius Registered User

    Joined:
    Feb 8, 2009
    Messages:
    14,622
    Likes Received:
    537
    Trophy Points:
    139
    Location:
    Toronto
    When they do start selling, the site below should have some record of it. Today was suppose to be the day. I didn't expect it to be personally, being National Margarita day and all, but who knows the day isn't over yet.
    http://munios.com/
     
  13. MAROONSRoad

    MAROONSRoad f/k/a Ghost

    Joined:
    Feb 24, 2007
    Messages:
    4,067
    Likes Received:
    0
    Trophy Points:
    0
    Location:
    Maroons Rd.
    That's not really an issue. There are several ways it could be done assuming MH will gain the rights to an asset someone is willing and able to pay him $100 million for by a certain date.

    GHOST
     
  14. Fugu

    Fugu Guest

    I picked up the key posts from the last thread, for continuity's sake, plus CasualFan put in a lot of work to get all the docs in one place.
     
  15. Confucius

    Confucius Registered User

    Joined:
    Feb 8, 2009
    Messages:
    14,622
    Likes Received:
    537
    Trophy Points:
    139
    Location:
    Toronto
    Alright, I'm going to be extra good. I don't want to get chucked from this one....
     
  16. Brodie

    Brodie Marxist-Harbaughist

    Joined:
    Mar 19, 2009
    Messages:
    15,096
    Likes Received:
    34
    Trophy Points:
    156
    Location:
    Michigan
    So, the market closed with no bonds being sold?
     
  17. Roadrage

    Roadrage Registered User

    Joined:
    Mar 25, 2010
    Messages:
    480
    Likes Received:
    29
    Trophy Points:
    51
    Location:
    Next door
    No need for offical explanation as I don't recall an offical announcement of Bonds sale. For some reason, I don't think they will offically announce anything from this point forward except that either A)Team is signed, sealed, and delivered to MH, B)Team is signed, sealed, and delivered to TNSE, or C)Team is signed, sealed, and delivered to 3rd party.
     
  18. Confucius

    Confucius Registered User

    Joined:
    Feb 8, 2009
    Messages:
    14,622
    Likes Received:
    537
    Trophy Points:
    139
    Location:
    Toronto
    No need for offical explanation as I don't recall an offical announcement of Bonds sale. For some reason, I don't think they will offically announce anything from this point forward except that either A)Team is signed, sealed, and delivered to MH, B)Team is signed, sealed, and delivered to TNSE, or C)Team is signed, sealed, and delivered to 3rd party.[/QUOTE]

    There was alot of chatter about the bonds going onsale today and the sale should be complete by this Fri., next Friday at the latest. Was that not right from the city?
     
  19. MountainHawk

    MountainHawk Registered User

    Joined:
    Sep 29, 2005
    Messages:
    12,771
    Likes Received:
    0
    Trophy Points:
    0
    Occupation:
    Actuary
    Location:
    Salem, MA
    I haven't paid much attention to the bonds sale, but is it a public offering or a private placement? If it's private, I don't think you necessarily hear anything until the bonds show up on a financial statement.
     
  20. AllByDesign

    AllByDesign Who's this ABD guy??

    Joined:
    Mar 17, 2010
    Messages:
    2,317
    Likes Received:
    0
    Trophy Points:
    0
    Occupation:
    Finance.
    Location:
    Location, Location!
    The Bonds going on sale were hinged on a pre-order. They were to only go on sale if enough interest was garnered. Of course the pre-requisite volume was never established via media report.
     
  21. Roadrage

    Roadrage Registered User

    Joined:
    Mar 25, 2010
    Messages:
    480
    Likes Received:
    29
    Trophy Points:
    51
    Location:
    Next door
    I recall reading in last thread that JPM underwriting it so I would consider it public.
     
  22. kdb209

    kdb209 Registered User

    Joined:
    Jan 26, 2005
    Messages:
    14,870
    Likes Received:
    0
    Trophy Points:
    126
    A Longer and More Winding Road

    You know the drill by now.

    [​IMG]

    Part XXII: The Phoenix post-Bankruptcy saga has now tied the Phoenix Bankruptcy soap opera.

    Adding the prequel:

    12-08-2008 Hockey in The Desert (Phoenix franchise and finance/business matters)
    02-04-2009 Hockey in the Desert II (Phoenix Coyotes franchise and business matters)

    05-05-2009 Balsillie puts in $212.5 mil offer for the Coyotes
    05-07-2009 Balsillie/Phoenix part II
    05-18-2009 Balsillie/Phoenix part III
    05-22-2009 Balsillie/Phoenix part IV
    06-03-2009 Balsillie/Phoenix part V
    06-09-2009 Balsillie/Phoenix Part VI
    06-12-2009 Balsillie/Phoenix Part VII: I'm just waitin' on a judge
    06-16-2009 Balsillie/Phoenix Part VIII: It's dead, Jim
    06-24-2009 Balsillie/Phoenix Part IX: 'Dorf on Hockey
    07-25-2009 Phoenix bankruptcy/ownership Part X: The Truth? You Can't Handle The Truth!
    08-03-2009 Phoenix bankruptcy/ownership Part XI: A Fistful of Dollars?
    08-07-2009 Phoenix bankruptcy/ownership Part XII: For a Few Dollars More
    08-12-2009 Phoenix bankruptcy/ownership Part XIII: The Good, The Bad, and The Ugly
    08-21-2009 Phoenix bankruptcy/ownership Part XIV: The Wrath of Baum
    08-27-2009 Phoenix bankruptcy/ownership Part XV - SITREP: SNAFU
    09-02-2009 Phoenix bankruptcy/ownership Part XVI: Barbarian at the Gate
    09-08-2009 Phoenix bankruptcy/ownership Part XVII: Wake Me Up When September Ends
    09-10-2009 Phoenix bankruptcy/ownership Part XVIII: Is that a pale horse in the distance?
    09-12-2009 Phoenix bankruptcy Part XIX: How I Learned to Stop Worrying and Love the Baum
    09-21-2009 Phoenix Bankruptcy Part XX: There Will Be Baum
    09-28-2009Phoenix Bankruptcy Part XXI: 2009 -- A Sports Odyssey
    10-26-2009 Phoenix Bankruptcy Part XXII: Long and winding road

    Followed up by the ever popular:

    11-24-2009 Keeping up with potential owners for NHL Phoenix Coyotes (UPD: Ice Edge signs LOI)
    03-14-2010 Part II. Potential owners of NHL's Phoenix Coyotes
    03-26-2010 Part III. Prospective Owners - Phoenix Coyotes (UPD Lease vote 4/13; IEH signs MOU)
    04-10-2010 Part IV Phoenix Coyotes post bankrtuptcy; UPD COG approves Reinsdorf MOU, not IEH MOU
    05-02-2010 Part V Phoenix Coyotes post bankruptcy UPD Reinsdorf out? IEH back in? else Winnipeg?
    05-11-2010 Part VI Phoenix Coyotes post bankruptcy
    05-23-2010 Part VII Phoenix Coyotes post bankrtuptcy
    06-07-2010 Part VIII: Phoenix Coyotes Post-bankrtuptcy
    06-07-2010 Part VIII: Phoenix Coyotes Post-bankrtuptcy
    06-22-2010 Part IX: Phoenix Coyotes Post-bankruptcy UPD: Pres Moss fired 6/30 with IEH input
    07-26-2010 Part X: Phoenix Coyotes - Between Scylla and Charybdis
    08-27-2010 Part XI: Phoenix Coyotes -- Greetings, Starfighter, You have been selected ...
    09-16-2010 Part XII: Phx Coyotes - Still haven't found what I'm looking for
    10-12-2010 Part XIII: Phoenix Coyotes - The Final Cut?
    10-27-2010 Part XIV: Phoenix Coyotes - To Infinity And Beyond....
    12-05-2010 Part XV: Phoenix - the battle of evermore
    12-14-2010 Part XVI: Phoenix -- Money for Nothing
    12-20-2010 Part XVII: Phoenix -- Thread Title Available For Lease
    01-09-2011 Part XVIII: Phoenix -- Imminence Front
    01-24-2011 Phoenix XIXth: Nervous Breakdown
    02-02-2011 Phoenix XX: Two weeks
    02-11-2011 Phoenix XXI: When will then be now?
    02-22-2011 Phoenix XXII: It's Now or Never
     
    Last edited: Feb 23, 2011
  23. AllByDesign

    AllByDesign Who's this ABD guy??

    Joined:
    Mar 17, 2010
    Messages:
    2,317
    Likes Received:
    0
    Trophy Points:
    0
    Occupation:
    Finance.
    Location:
    Location, Location!
    Wow... there are now 2 lists of 22... could alll these 2's add up to one plus one???? Will we be done???

    and on 2-22 ahhhHH!!!!
     
  24. Roadrage

    Roadrage Registered User

    Joined:
    Mar 25, 2010
    Messages:
    480
    Likes Received:
    29
    Trophy Points:
    51
    Location:
    Next door
    Volume is required but what about timeline? You can't really have pre-orders open for more then 2 weeks (as an example) and say an uptick is imminent. There needs to be some defined time where they can say "It just ain't gonna happen."
     
  25. pegcity

    pegcity Registered User

    Joined:
    Feb 9, 2011
    Messages:
    707
    Likes Received:
    9
    Trophy Points:
    46
    Location:
    Winnipeg
    I wasn't sure if it was a joke or not, but isn't one of the board members writing a book about this?
     
Thread Status:
Not open for further replies.

Share This Page

monitoring_string = "358c248ada348a047a4b9bb27a146148"