TNSE Efforts to Acquire an NHL Team Part X: Status... Complete???

[Pinkfloyd]

Sigh.

1) Under Article 3.5 of the NHL Constitution, a transfer of ownership (whether to local owners, or for relocation) requires a 75% super majority (23 out of 30) - not 27/30.

2) Under BY-Law 36, a vote for relocation requires only a simple majority (16 out of 30) - not 26/30.

3) There is no Jan 1 relocation deadline in the NHL Constitution and By-Laws. If there is a deadline, it is just a League policy which may be changed or waived either by simple majority vote of the BoG, or simply by fiat by Bettman who has final authority to interpret the Constitution and By-Laws under the powers granted to the Commissioner under Article 6.3(d) of the NHL Constitution.

4) There is no such thing as the "master franchise agreement". The NHL's governing documents are (a) the CBA and (b) the NHL Constitution and By-Laws and the body of other League rulings and policies adopted (collectively the "League Rules").

Is it out of 30 or is it out of 29? The owner(s) of the team up for the vote still get a vote?

 

[King Woodballs]

Is it out of 30 or is it out of 29? The owner(s) of the team up for the vote still get a vote?

then 28 cause of the league owning Phoenix

 

[blues10]

Sigh.

1) Under Article 3.5 of the NHL Constitution, a transfer of ownership (whether to local owners, or for relocation) requires a 75% super majority (23 out of 30) - not 27/30.

2) Under BY-Law 36, a vote for relocation requires only a simple majority (16 out of 30) - not 26/30.

3) There is no Jan 1 relocation deadline in the NHL Constitution and By-Laws. If there is a deadline, it is just a League policy which may be changed or waived either by simple majority vote of the BoG, or simply by fiat by Bettman who has final authority to interpret the Constitution and By-Laws under the powers granted to the Commissioner under Article 6.3(d) of the NHL Constitution.

4) There is no such thing as the "master franchise agreement". The NHL's governing documents are (a) the CBA and (b) the NHL Constitution and By-Laws and the body of other League rulings and policies adopted (collectively the "League Rules").

Thanks for clearing up a little of the misinformation floating around out there.

 

[blues10]

Is it out of 30 or is it out of 29? The owner(s) of the team up for the vote still get a vote?

If I am correct Bill Daly is the current "manager" of Coyotes Newco LLC. Perhaps he would get to vote?

 

[kdb209]

Previously on Lost ...

<insert witty prologue here>

03-29-2010 TNSE (Thomson) potential buyer for Yotes in Winnipeg (Phoenix Backup Plan)
05-07-2010 Part 2: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
09-11-2010 Part 3: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
01-23-2011 Part 4: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
03-10-2011 Part 5: True North Sports & Entertainment's efforts to acquire an NHL team (Winnip
04-11-2011 Part 6: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
04-26-2011 Part 7: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
05-12-2011 Part 8: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
05-22-2011 TNSE Efforts to Acquire an NHL Team Part IX
05-27-2011 TNSE Efforts to Acquire an NHL Team Part X: Status... Complete???

 

[King Woodballs]

<insert witty prologue here>

03-29-2010 TNSE (Thomson) potential buyer for Yotes in Winnipeg (Phoenix Backup Plan)
05-07-2010 Part 2: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
09-11-2010 Part 3: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
01-23-2011 Part 4: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
03-10-2011 Part 5: True North Sports & Entertainment's efforts to acquire an NHL team (Winnip
04-11-2011 Part 6: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
04-26-2011 Part 7: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
05-12-2011 Part 8: True North Sports & Entertainment's efforts to acquire an NHL team (Winnipeg)
05-22-2011 TNSE Efforts to Acquire an NHL Team Part IX
05-27-2011 TNSE Efforts to Acquire an NHL Team Part X: Status... Complete???

man.... I hope this doesnt get to Part XXX
even XV would be way too much

 

[RandR]

From post #989 of "TNSE Efforts to Acquire an NHL Team Part IX"

Here is the Opinion of the Court in the case of ASG vs. Belkan that ended last Jan/Dec.

http://www.courts.state.md.us/busine...9/mdbt7_09.pdf
Last edited by Anton 2nd Pick: Yesterday at 05:51 PM.

I couldn't help noticing the following:

It is clear to this Court that the parties to this dispute have elected different prisms with which to view their joint arrangement.

Such a nice way of putting it!

 

[No Fun Shogun]

I don't understand why people go from DONE DEAL to OMG IT'S A TRAP over the course of hours based on absolutely nothing

Uh, this is the internet, dude. Baseless speculation and overreaction to minor things are two of the three major cornerstones of the web, along with pornography.

 

[kdb209]

Is it out of 30 or is it out of 29? The owner(s) of the team up for the vote still get a vote?

The requirement under Article 3.5 is "with the consent of three-fourths of the members of the League" (not 3/4ths of the other members) - which would not preclude the affected team from voting, but (whether they vote or not) it does require approval of 75% of all member clubs (23 out of 30).

 

[RandR]

Uh, this is the internet, dude. Baseless speculation and overreaction to minor things are two of the three major cornerstones of the web, along with pornography.

It's also why some of us read these threads (the speculation and overreaction parts of course).

 

[sipowicz]

He's from Atlanta and there is a very wealthy Rollins family in Atlanta. They have a building named for them at Emory University and apparently if he's of that family, there is wealth there. However, he did say that he had other investors.

Between him and Anson Carter's links in hollywood (even tho Rollins is like a ticket taker in a theater compared to the actors) if either of them are in touch with Bruckheimer, then you have a solid threat on your hands.

CBCWPG.....I'd put my money partially on #2. Some say that there is still infighting in ASG as to whether part or all is for sale.... Some think that the Atlantans in the group are realizing they are toast in Atlanta if they sell out the Thrashers. No way did they expect the media onslaught they are getting. Thank you NFL for the lockout!!! If not, there would have been no coverage and it would already be over.

Stephen Rollins and the Rollins family of Atlanta share a name only and are in no way related!

 

[crazed323]

All of this over reacting and speculation is being caused by only 1 or 2 posters. The rest is just reaction.

I don't think it is too much of a stretch to believe that their is some sort of agreement in place. Not from media sources but from ASG itself. It's about 80% done. For one people come to an agreement on stuff verbally before they put it on paper for these kinds of situations. They gotta decide who gets what, who pays for what, who owns certain things if the other party wants those things, whats a fair price for that item or W/e. Then the lawyers decide what wording to use in the contracts, being as specific as they can be about very minute details, it's time consuming when there are so many little details to cover.

When you got a motivated buyer and a motivated vendor, and they are this far along. It's a done deal. The deal could change but nothing will really hold either party back from completing it.

The NHL is the BOG. The NHL granted TNSE permission to talk to ASG. Therefore the BOG has already decided if TNSE would be approved. TNSE being from Winnipeg no doubt gave away their intention to relocate any franchise they are negotiating to buy. A vote on both of those would have the same result. A YES vote. The NHL is into to playing games, but not with themselves. It would be a unanimous vote in favour IMO.

 

[knorthern knight]

A couple of questions, regarding how the NHL's administration of Phoenix affects things...

Sigh.

1) Under Article 3.5 of the NHL Constitution, a transfer of ownership (whether to local owners, or for relocation) requires a 75% super majority (23 out of 30) - not 27/30.

With the NHL owning and running the Coyotes

• does the super-majority become 0.75 * 29 = 21.75 ==> 22 votes?
• or does Bettman/Daly get to cast the "Phoenix vote" on behalf of the NHL?

2) Under BY-Law 36, a vote for relocation requires only a simple majority (16 out of 30) - not 26/30.

Same idea...

• does a simple majority become 15/29
• or does Bettman/Daly get to cast the "Phoenix vote" on behalf of the NHL?

 

[RandR]

...
The NHL is the BOG. The NHL granted TNSE permission to talk to ASG. Therefore the BOG has already decided if TNSE would be approved. TNSE being from Winnipeg no doubt gave away their intention to relocate any franchise they are negotiating to buy. A vote on both of those would have the same result. A YES vote. The NHL is into to playing games, but not with themselves. It would be a unanimous vote in favour IMO.

Agreed. I can imagine that one governor or two could voice their opposition to the move as some matter of principle or to put it on the league record, but the outcome of the vote will be a formality: Atlanta is moving to Winnipeg with the BOG's blessing.

 

[Brodie]

Stephen Rollins and the Rollins family of Atlanta share a name only and are in no way related!

yeah, if Rollins had those kind of family ties it would have been out there. and he could afford a real website.

 

[molsonmuscle360]

To the people saying that the NHL would run the franchise if TNSE was rejected and ASG handed in the keys, don't forget ASG still runs the Arena. If the NHL really made them mad they could just not allow the Thrashers to play there.

If the NHL rejects a deal that both ASG/TNSE formed in good faith, there will be backlash for sure. From many different parties.

 

[kdb209]

To the people saying that the NHL would run the franchise if TNSE was rejected and ASG handed in the keys, don't forget ASG still runs the Arena. If the NHL really made them mad they could just not allow the Thrashers to play there.

Not that I expect it to come to that, but if ASG "handed in the keys", it could fall under the Voluntary Withdrawal or Involuntary Termination sections of the NHL Constitution - which have the contractual requirement that the owner also transfer "the possession and control of the lease of its playing arena".

 

[Dado]

I don't know how ASG is actually structured, but if it were my operation, I'd have two separate entities on either side of a terminatable lease. So the tenant side can be forced to try and stay, but the landlord side can thumb it's nose and give 42 dates to the nearest MegaChurch.

 

[kdb209]

I don't know how ASG is actually structured, but if it were my operation, I'd have two separate entities on either side of a terminatable lease. So the tenant side can be forced to try and stay, but the landlord side can thumb it's nose and give 42 dates to the nearest MegaChurch.

Again, this is all hypothetical, but ...

The League would also have several other options to encourage or compel ASG - including ASG's personal quarantees (similar to those under which the League is suing Moyes, not his estate, for $60M) and possible anti trust action against ASG based on the essential facilities doctrine.

 

[OthmarAmmann]

there is no chance the deal is finalized before Tuesday, given the holiday. When it's done in principal, the announcement/season ticket drive will happen in Winnipeg. When that is done, the BoG will vote. That's how these things work, generally... the season ticket drive might last a whole week or even two just to take things up until the 21st if the NHL is so inclined to vote that day.

80% of a deal like this means everything has really been dealt with. Now it's all paperwork... heaps and stacks of it. Brunt's sources were politicians in Mantioba, I imagine that once the major hurdles were cleared those politicians were told to be ready for the team's arrival and they proceeded to leak it to Brunt.

It's not uncommon to work through the weekend and holidays on a deal. I've worked on Christmas Day before.

 

[Evil Doctor]

An interesting article by Roy MacGregor on "Thin Ice"...

The man who revived the Jets by killing them

Thin Ice said “No.†If so many millions of taxpayers’ dollars were so easy to come by, they argued, there were better uses than saving NHL hockey – such as addressing the worst inner-city poverty situation in the country.

(Jim) Silver and his little group did their homework. Two Brandon University economists tore apart a study that the Jets contributed $47-million a year to the Winnipeg economy, arguing that “the money would be spent anyway.†Silver became the eloquent spokesperson against the plan, though he rarely said what many in the city wished to hear.

I think the most interesting aspect of this I found was that Thin Ice was left wing, not right wing, but the irony with what is going on in Arizona is amusing.

Perhaps the biggest lesson to be learned is, hockey shouldn't be saved at all costs, you probably end up destroying the market in the long term.

 

[Fugu]

without anything happening in the past few hours, HF has suddenly decided that the BoG is going to reject this deal or that there's a snag in negotiations. I mean, wut?

HFB hasn't decided a thing. It's all on you guys.

 

[BrianL*]

http://www.winnipegfreepress.com/br...f-jets-but-fans-must-do-better-122765749.html

No news, just another FP writer's perspective on the way we were, and are, and need to be.

 

[Potrzebie]

An interesting article by Roy MacGregor on "Thin Ice"...

The man who revived the Jets by killing them



I think the most interesting aspect of this I found was that Thin Ice was left wing, not right wing, but the irony with what is going on in Arizona is amusing.

Perhaps the biggest lesson to be learned is, hockey shouldn't be saved at all costs, you probably end up destroying the market in the long term.

The article is a little misleading. Unlike the GWI, which had a very real influence on the outcome of the Coyotes saga, Thin Ice was completely irrelevant to the process. For Silver to be trying to take credit for it now is completely dishonest. The Jets failed because the players involved decided the team was no longer viable in Winnipeg, not because of a gang of university professors and the flyers they handed out at council meetings.

 

[Melrose Munch]

All of this over reacting and speculation is being caused by only 1 or 2 posters. The rest is just reaction.

I don't think it is too much of a stretch to believe that their is some sort of agreement in place. Not from media sources but from ASG itself. It's about 80% done. For one people come to an agreement on stuff verbally before they put it on paper for these kinds of situations. They gotta decide who gets what, who pays for what, who owns certain things if the other party wants those things, whats a fair price for that item or W/e. Then the lawyers decide what wording to use in the contracts, being as specific as they can be about very minute details, it's time consuming when there are so many little details to cover.

When you got a motivated buyer and a motivated vendor, and they are this far along. It's a done deal. The deal could change but nothing will really hold either party back from completing it.

The NHL is the BOG. The NHL granted TNSE permission to talk to ASG. Therefore the BOG has already decided if TNSE would be approved. TNSE being from Winnipeg no doubt gave away their intention to relocate any franchise they are negotiating to buy. A vote on both of those would have the same result. A YES vote. The NHL is into to playing games, but not with themselves. It would be a unanimous vote in favour IMO.

This started on twitter. "one or two posters"?