The only risk is the lawsuit.
There is no direct link between the bonds being purchased from Glendale and the Phoenix Coyotes franchise.
If I buy bonds from Glendale I don't care what goes on with the Coyotes...I get my % promised when I bought the bonds.
If the bond sale is considered illegal due to a lawsuit from Glendale....I don't get my % promised when I bought the bonds.
At least that is how I understand it.
If there was no risk to created by the threat of a lawsuit...why would anyone care about the threat of the lawsuit? Hulsizer wouldn't have it in the deal that he walks if there is a lawsuit...and the interest on the bonds wouldn't because of the chance of a lawsuit.
You really should read the credit agencies reports when they downgraded CoG's current debt when they announced they were going to issue these bonds.
There are many posts that detail the reports and why their current debt was downgraded and placed on negative watch, which, has nothing to do with any threat of lawsuit.
You also must ask the question that if the revenues are truly worth that much, and more, then why doesn't the hedge fund manager just securitize the revenue stream himself.
According to a recent article published on azcentral.com, even if GWI takes Glendale to court they would most likely lose even if truly illegal. Reason being is they will rule the benefits outweigh the drawbacks.
The AZ constitution does not allow for benefits outweighing the costs. The AZ supreme court clarified in the City North case that you must get proper compensation for the money spent. It also does not allow the inclusion of factors such as estimated sales tax revenues, etc. that are not directly related to the item being purchased (i.e. the sales tax on the amount being paid for the parking), in this case the parking rights.
Lastly, and interesting point brought up by another poster, it does not allow a municipality to lend its credit as well. So if CoG is doing this because, as someone pointed out, their credit rating was better than MH and they would get a significant lower rate, even if the consideration was proper, if it was done in order to have CoG issue bonds instead of MH, that would be a violation as well.