Can the NHL outbid Balsillie?
"This obviously comes as a surprise but we look forward with interest to seeing what the NHL’s bid is. What we’ve said since Day 1 when we launched our bid is all we ask for is the opportunity to get into an auction where all the bids can come forward on a level playing field and may the best bid win."
Jerry Reinsdorf is out, at least for now, as he's unable to meet the bid deadlines due to lack of agreed upon concessions from the City of Glendale. The NHL's stepped in and is now set to bid in his place.
Big news sure, but not of the earth-shattering variety for anyone who's followed the proceedings closely.
There was always the danger that Balsillie's would become the only bid, and always the possibility the league would have to step in and sort things out. The auction is just 15 days away, and while this battle has always been viewed as one between the NHL and Balsillie with a cast of characters lining up on either side, it's now quite literally so.
The league is going to continue to fight the Canadian billionaire's ability to bid in the intervening weeks, but it's looking more and more like the NHL will have to put their number up against his and hope the judge rules in their favour on Sept. 10. The league obviously isn't compelled to bid quite as high as Balsillie given the potential impact relocation will have on the size of creditors' claims, but in theory, the sky's the limit when it comes to the number he can put on the table.
After all, $212.5-million is quite likely only the starting point.
There are a ton of theories out there about how this will all play out, and I'll list a few of them:
- The NHL buys the team, brings Reinsdorf back into the picture and tells Glendale it will sell to a bidder in another city unless there are major concessions on the lease. This assumes that as a result of winning the auction, the league isn't beholden to the lease, however. (One presumes the NHL will continue to attempt to renegotiate its terms as the auction approaches, something that may be more clear when the terms of the league's bid become available on Wednesday.)
- The NHL buys the team, begins paying down the debt as the season goes along and attempts to find an outside bidder (even potentially from Southern Ontario) to flip the franchise to for enough money to cover the league's expenses in all this. Again, the lease in Glendale could be a major issue here unless it's dealt with at the auction.
- Balsillie manages to win the auction, perhaps by throwing a lot more cash on the table, setting up further litigation. Who knows what happens to the Coyotes for the coming season should that happen.
Your scenarios welcome in the comments.
The losses for the Coyotes this season are likely to be incredible (the $40-million range seems plausible), and the longer the league holds onto the franchise, the more of a cash call it will have to make to the other 29 owners. For that reason, any winning bid by the NHL here isn't likely to mean long-term ownership of the franchise, wherever it's about to be located.
(Major League Baseball managed to pull of a major coup in a similar situation when it bought the Montreal Expos for $120-million, as the league pulled in a hefty $450-million from the sale of the team to a group in Washington, D.C. That's not a good precedent for Coyotes fans, but it's worth keeping in mind that this situation doesn't necessarily end with the NHL taking a bath on the costs involved.)
In my mind, this latest twist is a small blow in terms of keeping the franchise in Glendale, as Reinsdorf is really the only legitimate answer on that front. Of course it's certainly possible he's still in the picture and will emerge the owner down the line, but under any other scenario, the Coyotes are likely headed elsewhere.
The day's developments overshadowed all of the other court filings on Tuesday, including one lengthy response from the Jerry Moyes camp to the NHL's suggestions they had "schemed" to sell the team and that the league should now have control of the franchise. In one example, when it comes to the decision of which airline the team should use, the filing vehemently defends Moyes's position as legitimate and not part of a "self-dealing breach of fiduciary duty":
The Debtors take no position on the carrier selected by team hockey management and the NHL. The important points here are that the use of Swift Air was not the self-dealing breach of fiduciary duty the NHL claimed, the NHL’s characterization of Mr. Scudder’s position was patently incorrect, the NHL’s "emergency" motion was baseless, and the NHL once again launched its inflammatory barrage notwithstanding contrary facts of which it was aware.
Further down, Moyes's side gets even more to the point:
At every juncture in these cases, the NHL and its competent attorneys have attempted to delay (or even prevent) the Court from conducting an open auction that includes relocation bids. Why? Because the NHL wants to maintain absolute control over the business of professional hockey, unchecked by this Court and the law.
There's no love lost between these two sides, that's for sure.
What's yet to be determined is if Moyes is deemed a legitimate creditor in the eyes of the bankruptcy court, just one of several major land mines the judge will be navigating in the very near future. What's guaranteed, however, is (a) more drama to come and (b) that the three bids in play are the only ones we'll see on Sept. 10 (with the Ice Edge group still curiously in play).
Stay tuned.

I'll end with a quote from commissioner Gary Bettman, one I've used before, on why the Jets and Nordiques left Winnipeg and Quebec City all those years ago. It seems to apply here, although we'll have to wait and see:
"They couldn’t find anybody else to invest in the team or buy it — which may be the critical mass point — and therefore there was no future for the team there because nobody wanted to own the team there. The fact is, the biggest litmus test ultimately was nobody wanted to own a team there. And when the marketplace decides that it doesn’t want to own a team there, it has no future."
Phoenix's future, right now, is as up in the air as it's ever been, and it should serve as cold comfort that the only somebody who wants to own the team there is running the show.
Photo: azvibe.com
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I really find it hard to believe that the idea of the league owning and running the team is completely 100% cool by the law. I’m no lawyer, but the idea just plain reeks of shady business dealing.
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Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 26, 2009 2:10 AM CDT reply actions 0 recs
Find it as hard to believe as you want, but there’s no law against it. Does it compromise the competitive integrity of the league? Yes. But there are a lot of bad ideas that aren’t illegal.
That 17-year-old Hokie sitting in the rafters in Greensboro didn't see any of this coming.
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by JoshCVT on Aug 26, 2009 8:24 AM CDT up reply actions 0 recs
But there are a lot of bad ideas that aren’t illegal.
Like writing a book on 10¢ beer and glowpucks?
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 8:31 AM CDT up reply actions 0 recs
Hey, I bought that book for like $2.69 on Amazon, it wasn’t too bad.
The population of Pominville keeps rising!
by Blackcapricorn on Aug 26, 2009 8:47 AM CDT up reply actions 0 recs
I was just joking, I like Wysh (even though I haven’t read his book yet)
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 8:58 AM CDT up reply actions 0 recs
You should pick it up, its a nice summer read. And you can pick it up for the low low price of $0.01!
The population of Pominville keeps rising!
by Blackcapricorn on Aug 26, 2009 9:13 AM CDT up reply actions 0 recs
heh
I love Wysh but Chemmy bought it for $0.02 and got it signed in Montreal.
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by PPP on Aug 26, 2009 4:02 PM CDT up reply actions 0 recs
So the League can choose to have a standard (bylaw?) that says “one owner cannot own another team”…but if all 30 of them collectively do it, its fine? Seems kinda silly. And Im guessing there are legal experts who do this type of thing who could twist that into a reasonable argument against the NHL having the legal ability to own the team.
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by poploser on Aug 26, 2009 12:35 PM CDT up reply actions 0 recs
Who both has standing and would want to file the lawsuit?
by J. Michael Neal on Aug 26, 2009 12:36 PM CDT up reply actions 0 recs
Wouldn’t Balsillie be interested in pursuing legal action to keep the NHL from owning its own team? If the NHL can’t own it, then that pretty much leaves him, unless someone rides in on horseback. He’s got the money, and money buys the lawyers. I would think that case would pretty much be a part of the flurry of litigation that will follow Baum’s decision at the auction.
http://sacrificethebody.blogspot.com/
Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 26, 2009 2:47 PM CDT up reply actions 0 recs
asdf
Each party in the bankruptcy, each owner and most likely the NHLPA, as well as the Justice Department. Are each and every one of those people for the deal? With respect to the first group, the creditors, well, that’s going to depend on the amount of money. Since Moyes has standing he can object to the deal and appeal on it as well.
Now, am I saying this idea has merit? No, I don’t know. But you’re ruling out any potential complications of this deal. I wouldn’t rule it in or out at this point.
The atmospherics of the NHL violating its own bylaws (especially since, iirc, the NHL is a partnership of the teams—or at least controlled by them) to do this while holding them sacrosanct with regard to relocation and ownership approval are awful. Especially since, by law, that is not the first concern of the bankruptcy court.
This deal will be very, very hard to accept if the NHL make the case that it’s offer—even if lower—offers the same value to the creditors.
by stormj on Aug 26, 2009 3:13 PM CDT up reply actions 0 recs
The Justice Department won’t get involved. As the precedent of the Expos shows, the ownership of a team by the league isn’t an anti-trust violation. That should be obvious looking at the structure of MLS.
The other people you name have standing to object to the bid, but not to the ownership structure of the NHL. I don’t see how any of them are harmed by league ownership.
This deal will be very, very hard to accept if the NHL make the case that it’s offer—even if lower—offers the same value to the creditors.
This has nothing to do with whether or not the NHL can own a team.
by J. Michael Neal on Aug 26, 2009 3:24 PM CDT up reply actions 0 recs
There is also precedent for it. The NHL operated the New York Americans from 1936 until their suspension in 1942. Their suspension during WWII, and the owners reneging on bringing the team back once the war ended led Red Dutton to boycott the NHL for decades – until the Flames moved to Calgary.
by Resolute on Aug 26, 2009 5:28 PM CDT up reply actions 0 recs
They also reneged on a promise to resurrect the Montreal Maroons after World War II. The six-team configuration had proven to be a great financial success in its early years, and no one was too keen to mess with success after a quarter-century of instability (longer, if you count the NHA period).
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by Doogie2K on Aug 26, 2009 6:17 PM CDT up reply actions 0 recs
There was no such resurrection of the Maroons ever planned or promised. They were not suspended during WWII, they died during the Great Depression in 1938, with Montreal simply not being able to afford two clubs.
by Robert L on Aug 27, 2009 4:53 AM CDT up reply actions 0 recs
I know when the Maroons died, but I was certain I read that the NHL had promised to raise both the Americans and the Maroons after World War II.
SNN Sports - A theoretical Oilers blog (i.e. theoretically, I write stuff there)
by Doogie2K on Aug 28, 2009 7:52 AM CDT up reply actions 0 recs
Doesn’t that assume that the NHL’s constitution and bylaws haven’t changed since then?
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by poploser on Aug 26, 2009 8:19 PM CDT up reply actions 0 recs
In this regard? Probably not. The NHL has always been extremely reactionary. They wouldn’t tinker with such bylaws unless forced. With that said, I expect the league will be looking at the language of all of its ownership bylaws after this to try and head off any further issues.
by Resolute on Aug 26, 2009 9:56 PM CDT up reply actions 0 recs
State AG, or Federal DOJ for antitrust reasons. Another team, a losing bidder, a creditor that would have done better under the Balsillie offer – they would all seem likely entities to have suffered injury and potentially has the casual connection and potential for addressing the harm the Courts generally look for in general standing cases [though it still seems we’re still a long way from a team that doesn’t like this process challenging the rest of the teams that do].
Whether someone would want to follow a lawsuit is not the point of my question. People have legal rights that they give up all the time because the costs of a lawsuit are too great for an uncertain result. My question is more long-term – if the NHL has the right to own its own teams – whats to stop it – legally – from taking over all teams if it decides it in the best interests of the League? Whats to stop it from saying to an owner – “if you don’t do this in the way we want, we’ll take over your team and do it for you?” It seems a crazy way to potentially run a league.
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 26, 2009 8:28 PM CDT up reply actions 0 recs
The DOJ – No. Not an anti-trust issue
Losing bidder & crditor – Again, this has nothing to do with the question of whether the NHL owns a team. It has to do with who offered to pay the bid that the judge selects as the winner. They can appeal that decision without any regard as to whether it is legal for the league to own a team, and that would have no effect on their appeal. It has to do with the bid, not the ownership.
The only people I see as having standing to sue over this would be one of the other owners, either for spending the money improperly, or because of a harm to competition within the league. Presumably, the league is going to make sure that everyone is on board before taking this step.
by J. Michael Neal on Aug 26, 2009 9:24 PM CDT up reply actions 0 recs
How is the legality of the NHL owning one of its member teams completely irrelevant in such a case? If I’m Jim Balsillie, and the NHL wins this auction, if I can file an appeal based on the idea that the NHL shouldn’t be allowed to own one of its teams, and win, then the NHL (the owner) should be relinquishing control of the team, and very likely put them into the same position as they are now, but without a white knight or the NHL to step in, Balsillie finally wins. At least until the following round of NHL appeals. If it can be lawyered out such that the NHL is not allowed to own a member team, thats a win for Balsillie, as the NHL would have to stop owning the team.
http://sacrificethebody.blogspot.com/
Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 26, 2009 11:51 PM CDT up reply actions 0 recs
How would the NHL owning one of its own teams be illegal? It may be against the league’s bylaws, but I can’t think of a single way it would be illegal. Since the league does not have a legal relationship with Balsillie, he can’t claim that the league violating its own bylaws harms him. He doesn’t have standing to complain about that; only the other league owners do.
by J. Michael Neal on Aug 27, 2009 12:16 AM CDT up reply actions 0 recs
I know that it isn’t illegal, but it is certainly fishy from several standpoints, most notably non-competition. Its something that there could definitely be another pissing match over. It’s definitely something that seems worth starting a messy lawsuit over, if you’re Balsillie.
Balsillie may not be an owner of an NHL team, but given that the Coyotes auction is more or less a choice between him and the NHL, if the NHL wins, and if its illegal for the NHL to own a team, how is he NOT harmed by that? If anyone can argue that it is illegal for the NHL to own a member team, then that clearly leaves Balsillie (plus Ice Edge, which hardly counts). If it can be ruled illegal for the NHL to own a team, then Balsillie likely walks away with the team. Balsillie would definitely be the harmed party there, as in this scenario, he probably loses ownership of a team to an entity which cannot own a team.
http://sacrificethebody.blogspot.com/
Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 27, 2009 3:02 AM CDT up reply actions 0 recs
If it violates its Constitution or Bylaws, its at least theoretically an ultra vires transaction. Sure that’s a pretty dead concept in corporate law, but it still exists in non-profit world in a limited sense. Here in NJ, where I practice corporate law, ultra vires transactions are generally ok for nonprofits, except, in potentially relevant part: (1) in proceedings brought by one of the members (read: teams) to enjoin an act by the corporation or (2) by the AG. Sure its unlikely, but if there’s a belief that the League owning a team is an antitrust violation (or more importantly a serious financial harm to one of the teams) – I don’t see why someone couldn’t make a reasonable argument. The key to me is the antitrust side – which I don’t have a lot of experience with.
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 27, 2009 8:42 AM CDT up reply actions 0 recs
MLB did it with the Expos, so I don’t see why the NHL couldn’t do it with the Coyotes.
by RCheli on Aug 26, 2009 8:33 AM CDT up reply actions 0 recs
yeah, and they ran the Expos right into the ground, gutted the team, and now we’re dealing with those effects in Washington for years afterwards.
by RedBirdie on Aug 26, 2009 2:12 PM CDT up reply actions 0 recs
Don’t worry, there’s always the Caps bandwagon!
by Afino on Aug 26, 2009 3:43 PM CDT up reply actions 0 recs
nice attempt to paint us all with one brush, but I’ve been a Caps fan since I was a kid.
by RedBirdie on Aug 26, 2009 6:35 PM CDT up reply actions 0 recs
Oh, you're one of the 2,000!
I kid, I kid. Mainly because I’m annoyed that I can’t scalp a LL seat for $20 coming out of Metro anymore.
You’ve got to admit that other than the Skins, Washington’s a front-running town, and right now the Caps are getting the benefit of that. Good for them, and hopefully Leonsis can convert some of the bandwagoners into real hockey fans.
That 17-year-old Hokie sitting in the rafters in Greensboro didn't see any of this coming.
@joshcvt / blog / photography
by JoshCVT on Aug 26, 2009 6:48 PM CDT up reply actions 0 recs
I wonder if Balsille would have progressed further in his bid if he proceeded the way of the current Ice Edge group where he would gradually wean the Pheonix Coyotes into playing games in other cities, rather than a full on power play mode of moving the team outright. Needless to say, the Ice Edge group doesn’t seem to be a bid fully committed to Glendale in the first place anyway.
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by bkblades on Aug 26, 2009 2:34 AM CDT reply actions 0 recs
But what would that involve?
Eventually playing 20 home games in Phoenix and 20 in Hamilton at some point? JimmyB’s whole platform has been that he does not want to operate the team in Phoenix because he would lose money there Its the Canadian thing to do!
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by Original Six on Aug 26, 2009 8:55 AM CDT up reply actions 0 recs
James I think your first scenario is the most plausible because the league will tell the city of Glendale that it had better come up with major concessions if it wants to continue to have a tennant in its building and they will have no choice.
Whether Reinsdorf comes in this door or another owner steps up remains to be seen, but under the scenario, you may very well find someone willing to operate in Phoenix for the short-term. But long-term, there are still some financial issues in the market that go beyond just the arena lease.
What would be the most dramatic scenario though would be the one in which Balsillie wins. A couple of months ago I thought this was a foregone conclusion but am not so sure now. Would the NHL revoke the franchise (after operating for a year under league ownership)? They could make the argument now that with no financially viable ownership group stepping up that the team should be folded.
That would give them the opportunity to start from scratch with a new expansion franchise, keep the league it’s current size and recoup their losses – especially if they go into a proven hockey market (Southern Ontario).
by oilerdago on Aug 26, 2009 7:26 AM CDT reply actions 0 recs
James I think your first scenario is the most plausible because the league will tell the city of Glendale that it had better come up with major concessions if it wants to continue to have a tennant in its building and they will have no choice.
Sure they have a choice. If the team’s not in bankruptcy, there’s no legal justification for breaking the lease. Probably the best option for the city of Glendale is for the NHL to win the auction, and then move the team. They then get to collect on all the damages.
That’s where I think the league is completely over the barrel. They’ll own a team that’s pretty much guaranteed to lose a ton of money over the short to medium term without any sort of fallback plan except to take it back into bankruptcy, where Balsillie lies lurking.
by J. Michael Neal on Aug 26, 2009 11:13 AM CDT up reply actions 0 recs
Yeah, this is the kicker I think. The NHL has two options with their bid, the first is to bid for the team with the current lease, which gives them a leg up on Balsille due to the CoG not being an additional creditor. However, it then puts them in a potentially deadly situation down the road when the team needs to move. Their other option is to bid with a modified lease or with conditions on the lease (such as a change to that penalty clause). If they do this, then both bids harm a potential creditor, and the NHL would have to throw in more money.
Now, since we arn’t privy to the negotiations with the city, it is hard to know what exactly is going on. They have had almost a year of negotiations without a solution, which implies that any future deal is a huge gamble (and one that has to get through the Glendale city council and a court challenge).
So, my guess is that the NHL bids with a changed lease as a condition, in order to make the team portable in the next 2 years, which guarantees an escape hatch from this adventure.
by Waterloo Sens Fan on Aug 26, 2009 11:55 AM CDT up reply actions 0 recs
Michael – maybe I’m missing something but I thought the team was in bankruptcy. I know, the NHL has argued that Moyes has no right to place them into bankruptcy initially, but I thought that was settled.
Your point about the city collecting damages being its best scenario makes a lot of sense. Without a doubt it’s Glendale who is going to lose the most in this deal (financially), followed by Moyes. From their perspective, gaining some kind of cash settlement now might be their end game.
I’m a little surprised that Balsillie was not prepared for the league to step in because of how he’s overplayed his hand. Maybe he thought reasonable people (the BOG) would take his money despite their displeasure for him, or that other owners would force the board to take it, but they are now dug-in and seemingly ready to lose a lot of money – short term.
by oilerdago on Aug 26, 2009 12:00 PM CDT up reply actions 0 recs
If the NHL buys the team, they’ll be taking it out of bankruptcy. Once that happens, they have no leverage against the city except to file for bankruptcy again. The only thing that might save them, as Waterloo talks about, is that the lease might get modified in bankruptcy as a condition of the sale. However, that puts them in the position adding another creditor to the list of those who won’t be getting what they’re owed. That reduces the advantage of their bid relative to Balsillie’s in the eyes of the court.
by J. Michael Neal on Aug 26, 2009 12:33 PM CDT up reply actions 0 recs
FYI, the NHL’s bid leaves open the option to break/void the lease after this season and sell to an out-of-town buyer.
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by zyllyx on Aug 26, 2009 1:42 PM CDT up reply actions 1 recs
So, the NHL’s bid is contingent upon the city giving up all its rights under the lease?
by J. Michael Neal on Aug 26, 2009 2:40 PM CDT up reply actions 0 recs
Apparently. Brahm Resnik is currently digging into 300+ pages of filed documents to get more details.
But, apparently, here are our options in Phoenix:
1) Balsillie wins, tries to relocate team, NHL blocks and/or revokes franchise rights.
2) Ice Edge wins, farms out at least 5 regular season games and 2 playoff games to Saskatoon (the first year – who knows what they do in subsequent years).
3) The NHL wins and, if they can’t flip the team to Reinsdorf, moves the team after this season to Kansas City or Las Vegas.
I feel like I’m in prison and I just dropped my soap. :(
You are validating my inherent mistrust of strangers.
by zyllyx on Aug 26, 2009 2:46 PM CDT up reply actions 0 recs
Option #1 would be the most entertaining. There would be nothing but appeals and lawsuits for years to come.
by Resolute on Aug 26, 2009 2:50 PM CDT up reply actions 0 recs
And ironically, Option number one might see the Coyotes stay in Phoenix the longest, given how long it would be tied up in the courts…
by Resolute on Aug 26, 2009 5:46 PM CDT up reply actions 1 recs
I still don’t think the Ice Edge group would be allowed to play playoff games in Saskatoon by the NHL, nor would it be good for business in any form.
Another neglected aspect of the Ice Edge bid is that the team would have to be called the Saskatoon Kai-oats for those 5 games (that’s how we pronounce coyotes).
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by saskhab on Aug 26, 2009 2:57 PM CDT up reply actions 0 recs
If the league’s bid really is contingent upon the city agreeing to waive damages if the team is moved, then I think the odds of them winning the auction are asymptotically close to zero. There’s no way Glendale agrees to that. That leaves Ice Edge and Balsillie, if that’s true.
by J. Michael Neal on Aug 26, 2009 3:25 PM CDT up reply actions 0 recs
Let me know if you see anything more on this, zyllyx. This is obviously the key.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 4:45 PM CDT up reply actions 0 recs
if true, does this surprise anyone? You can be sure that before the League made a drastic step of trying to buy one of its member teams – the League was going to make sure that it has the most flexible exit strategy possible.
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 26, 2009 8:31 PM CDT up reply actions 0 recs
overplayed?
I disagree that he overplayed his hand. His bid is looking incredibly prescient at this point. I doubt the NHL can beat it. And if they do, it will be painful for them.
The availability of the city getting damages depends on the terms of the bankruptcy. The court has the power to modify or cancel the lease.
by stormj on Aug 26, 2009 3:16 PM CDT up reply actions 0 recs
overplayed
Overplayed from the standpoint that Balsillie made things even more difficult for himself by completely alienating the BOG and other owners in the process.
You can argue he had no choice other than to play it out all the way (and that case has been argued back and forth in a number of previous articles).
But, Pierre LeBrun commented right after all this happened that there was sentiment among several owners that they should let him into the club (probably because they needed his money). At least in public now, that sentiment is gone – at least among those who’ll speak publically.
That can change in a hurry when the league has to starting ponying up cash of course…
by oilerdago on Aug 26, 2009 9:12 PM CDT up reply actions 0 recs
Remember James that JB’s bid creates a new rather large unsecured creditor in the City of Glendale that leaves less money available for the other unsecured creditors. Given the the NHL bid probably won’t create such a scenario they may not have to outbid Balsillie for it to be better for the creditors.
As pointed out in a CP article last week the highest offer isn’t necessarily the best offer. If the highest creates a new creditor or can’t close because of possible litigation the highest may not be the best. As long as a local bid can take care of the secured creditors (SOF) then it will have an advantage as there are less strings attached.
Given that SOF has come to agreements with other local groups (previously Reinsdorf’s group and i believe Ice Edge also), I would expect the NHL also reach a deal and put them in the drivers seat to win.
by jkrdevil on Aug 26, 2009 7:48 AM CDT reply actions 0 recs
But you have to compare this against any lease renegotiation. So either the NHL buys the team as is, and then the Expo scenario becomes more difficult, if not impossible without a new Bankruptcy, or they have a condition on the lease as well, at which point the comparison becomes more muddied.
by Waterloo Sens Fan on Aug 26, 2009 9:50 AM CDT up reply actions 0 recs
sorta
It gives Glendale standing (they already had that) and the right to claim the amount due plus contract damages, but it doesn’t make them (1) a secured creditor, or (2) give them any entitlement to that amount. The court can modify or cancel the lease. That’s what happens in bankruptcy.
by stormj on Aug 26, 2009 3:18 PM CDT up reply actions 0 recs
Under bankruptcy law, when a lease (or indeed any executory contract) is “canceled” (rejected is the correct term), it does give them an entitlement to damages. The rejection is treated as a termiantion for breach of contract, which creates a liability for damages.
by Gerald on Aug 27, 2009 7:19 PM CDT up reply actions 0 recs
Remember James that JB’s bid creates a new rather large unsecured creditor in the City of Glendale that leaves less money available for the other unsecured creditors. Given the the NHL bid probably won’t create such a scenario they may not have to outbid Balsillie for it to be better for the creditors.
I’ve pretty much written exactly that above, so the memory’s fine there.
The NHL’s not looking to take on the lease in its current form either, so things aren’t black and white here.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 4:48 PM CDT up reply actions 0 recs
Boy, you could just feel this coming eh? A no cash bid, another investor group that couldn’t get its financing together and now its just the NHL and Balsillie head to head. If it comes down to a dollar amount do you really think the teams will pony up enough cash to equal or exceed JB’s? Most of the owners might really hate this guy but enough to go up to 10 million a piece to keep him out? Doubtful.
The population of Pominville keeps rising!
by Blackcapricorn on Aug 26, 2009 8:17 AM CDT reply actions 0 recs
Yeah, i thought I wanted to be a fly on the wall of the Board of Governors meeting about Balsillie’s application – can you imagine the meeting where the NHL brass tells its owners that they may need to cough up millions more to operate the team short term, continue to live with a stinker lease, and then…what…potentially flip the team? I would love to hear those discussions. I find it harder and harder to believe that you have a team of 29 owners all on the same page as this process gets crazier and more expensive.
Which, btw, raises a new version of an old question I had – didn’t the NHL argue that Moyes and Balsillie were conspiring to use the bankruptcy process to get around to the NHL’s processes? Couldn’t we be seeing the first stages of a conspiracy (loaded term) by the NHL and Reinsdorf to get around the bankruptcy bid process? Hope someone is still subpoenaing emails!
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by poploser on Aug 26, 2009 11:03 AM CDT up reply actions 0 recs
Except that it is not JB and the NHL head to head. Ice Edge has formalized its bid (evidently they DID get their financing together).
by Gerald on Aug 26, 2009 11:38 AM CDT up reply actions 0 recs
I did not realize that when I posted the above. It will be interesting to see how much the 2 bids other than JB’s are and how much weight the judge gives the other bids for staying in Phoenix. Until I figure out what Ice Edge is actually offering in terms of money and other elements of its bid, I still think its the NHL vs. Balsillie. Plus, why would they have gotten involved if the IE bid was legit (other than not having gone through the BoG approval process yet)? I know the Reinsdorf bid was the NHL’s stalking horse but clearly the NHL wants to take the reins themselves rather than IE or JB.
The population of Pominville keeps rising!
by Blackcapricorn on Aug 26, 2009 11:56 AM CDT up reply actions 0 recs
I think it is clear that the NHL doesn’t really approve of the Ice Edge bid. That bid also violates the current lease with Glendale, and hence has all the associated difficulties associated with that. Finally, the idea that playing playoff games outside of Phoenix and a long term team in Phoenix is essentially a ginourmous contradiction.
by Waterloo Sens Fan on Aug 26, 2009 11:58 AM CDT up reply actions 0 recs
I also don’t see Ice Edge as legitimate players here. The NHL will simply outbid them if need be to avoid the issues BC talks about (and they’ve yet to approve their bid).
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 4:52 PM CDT up reply actions 0 recs
Let me spin this differently?
Would this action empty out the NHL’$ war chest on Phoenix?
Woudl an empty war chest put other teams at risk that may need a life preserver tossed to them in a sea of red ink?
Choose any franchise from the asorted list of articles that MAY need help in the season(s) ahead.
http://www.tennessean.com/article/20090814/NEWS0202/908140343/Nashville+Predators+owners++assets+unclear]Nashville Predators owners’ assets unclear | tennessean.com | The Tennessean
http://www.kuklaskorner.com/index.php/psh/comments/does_bill_davidsons_death_affect_the_lightning/]KuklasKorner : The Puck Stops Here : Does Bill Davidson’s Death Affect The Lightning?
http://www.wfaa.com/sharedcontent/dws/spt/hockey/stars/stories/081909dnspostars.4012e93.html]Dallas Stars won’t be affected by financial troubles, source says | WFAA.com | Sports: Hockey: Stars
http://nhl.fanhouse.com/2008/10/28/will-hockey-fail-again-in-atlanta/]Will Hockey Fail Again in Atlanta? — NHL FanHouse
http://www.sportsbusinessjournal.com/index.cfm?fuseaction=article.preview&articleid=63336]Atlanta owners hire Goldman to seek investors
That Goldman Sachs?
by cubanpuckstopper on Aug 26, 2009 10:46 AM CDT reply actions 0 recs
Keep in mind that what this actually costs the NHL is the amount the team loses over the next season. The entire franchise value will not be paid out other than a transfer of debt and will (hopefully in the league’s eyes) be recovered upon the resale of the club.
If there’s a cash call, it may only be $1-million or so from each team.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 4:53 PM CDT up reply actions 0 recs
Goin' to Kansas City...
…Kansas City, here they come… for 2010-11
Let's go Caps!
by MikeL-Caps on Aug 26, 2009 11:30 AM CDT reply actions 0 recs
Isn't KC...
Just Phoenix with better BBQ? In least in the sense of potential NHL markets? (Except that it’s less than half the size of metro Phoenix, with 1/3 of the growth rate.)
Yes, they have a shiny near-new arena, but an NHL team would be 5th in line for fan and corporate support behind the NFL, MLB and NCAA football and basketball. The market has already lost MLB, NBA and NHL teams for a reason. KC is the classic blackmail option for teams trying to cut a better deal.
If it has to be a US market, better Portland—nice NHL-grade arena and only one pro team in town. Or make it 7!
by bison on Aug 26, 2009 11:43 PM CDT up reply actions 0 recs
nice NHL-grade arena and only one pro team in town
Yeah, but the arena is owned by the same guy who owns that pro team. He also refuses to allow an NHL team to play in said arena with his pro team, and has no interest in hockey himself.
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by Nael M. on Aug 27, 2009 12:08 AM CDT up reply actions 0 recs
Well then,how ’bout Seattle?
Make it 6 1/2!
by EVL29 on Aug 27, 2009 2:14 PM CDT up reply actions 0 recs
The NBA let the Sonics leave...
over arena issues. Hard to imagine a Seattle NHL team without an new palace to play in.
by bison on Aug 27, 2009 2:26 PM CDT up reply actions 0 recs
Let’s be clear here, the NBA let the Sonics leave because Dan Stern wanted to do his buddy a favor and get him a team and Seattle was having ownership issues, so they wer a convenient target.
Key arena had been upgraded not 10 years prior, and Bennet made an unreasonable demand for a new one (1/2B dollars) just to give lip service to the issue tha he was trying to keep the Sonics in Seattle.
You can argue about the viability of Seattle as a market, but let’s characterize the Sonics issue correctly. IT had little to do with an arena, even if that’s what Stern wanted you to believe.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 28, 2009 1:22 AM CDT up reply actions 0 recs
Your timeline is off. Howard Schultz, who owned the club from 2001-2006, made the arena demand. When the city (quite reasonably) shot that down, the OKC group came up with more cash than anyone interested in Seattle was willing to offer without a deal for a palatial new building built out of public funds.
Seattle is more than four times the size of Winnipeg, but the local arena politics were very similar to the ones that led to the Jets’ departure. Stern just greased the skids to get the team out of town far more obviously than did Bettman once the anti-arena group won.
That 17-year-old Hokie sitting in the rafters in Greensboro didn't see any of this coming.
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by JoshCVT on Aug 28, 2009 9:42 AM CDT up reply actions 0 recs
Yeah, but Bennet also made the arena demand as a cover for moving the team too. You’re right that he didn’t initiate the demand, but used it as a cover to move the team.
(It’s interesting to note that the $½B arena would have been built 20 miles outside of Seattle in a suburb, which would have created on of the same problems facing the Coyotes at this point. In light of the recession it’s become obvious that the city of Seattle made the right choice, even though it cost them their beloved team.)
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 28, 2009 9:56 AM CDT up reply actions 0 recs
Quibbles over my gross simplification...
of the Sonics situation/debacle aside:
1. Do you think Key Arena is NHL-ready?
2. Do you think the NHL would consider it NHL-ready for a long term relocation, as is? Or would it take another $XXX millions in “upgrades”???
by bison on Aug 28, 2009 2:10 PM CDT up reply actions 0 recs
No and no.
KeyArena barely seats 15,000 for hockey. That’s not practical.
The complaints over the arena for NBA games were somewhat convoluted, but they seem to have been related to (a) size (17K for basketball was the smallest in the NBA) and (b) the mixture of luxury suites, club and standard seats, and differing treatment of revenues from those in the Sonics’ lease.
Any NHL deal in Seattle would have to have a new building, and I’ve seen no indication that there are serious plans to get that done, or any interest from potential owners. It’s a market that sounds good until you actually learn a little about it.
That 17-year-old Hokie sitting in the rafters in Greensboro didn't see any of this coming.
@joshcvt / blog / photography
by JoshCVT on Aug 28, 2009 2:44 PM CDT up reply actions 0 recs
It’s a market that sounds good until you actually learn a little about it.
Rather like almost all of the markets the NHL isn’t already in.
by dzuunmod on Aug 30, 2009 2:56 PM CDT up reply actions 0 recs
I also don’t think there’s that much hockey interest in Seattle either, having been there quite a few times.
The truth is there really aren’t any great expansion markets in the U.S. anymore. Houston, Texas, is probably the best one.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 30, 2009 4:08 PM CDT up reply actions 0 recs
As an aside, I would caution all that Reisdorf is not necessarily “out”. James, you seem to have picked up on this, as you qualified your post with “at least for now”.
JR has announced that he was not able to submit his bid on time. That is what he has announced. He has not indicated whether he is discontinuing his efforts.
i am wondering whether this dovetails with the NHL’s and City’s efforts to get Moyes removed from being involved with the bankruptcy, which motion is coming up fairly soon. Certainly they took a big swing at Moyes in their statement.
by Gerald on Aug 26, 2009 11:57 AM CDT reply actions 0 recs
As an aside, I would add that yesterday was the deadline for the submission of bids. This necessitated the timing of the statement.
Query also whether this is a negotiating tactic opposite Glendale to cause them to step to the plate once and for all. In that scenario, JR would be battling Glendale instead of workign with them as noted in my post above. Much is unclear.
by Gerald on Aug 26, 2009 12:00 PM CDT up reply actions 0 recs
Plus, if the NHL does win the auction, then they have a few months’ breathing room at least (depending on how long the BoG can hold out) to complete negotiations with Glendale before flipping the team to Reinsdorf.
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by Doogie2K on Aug 26, 2009 12:01 PM CDT up reply actions 0 recs
`Plus, if the NHL does win the auction, then they have a few months’ breathing room at least (depending on how long the BoG can hold out) to complete negotiations with Glendale before flipping the team to Reinsdorf.
And if not they can then claim that they cannot continue in Gelndale under the current conditions, and sell to a person with the ability to relocate to a market the NHL has been eying (Vegas, KC). This would save a lot of face for the NHL.
• They would be moving because of a bad lease deal and uncooperative City politicians who are in over their heads as opposed to the “bad market” common “wisdom” floating around. It would also allow the NHL to return to Phoenix in the future.
• It would attract more potential owners, because the debt would be paid off and an Owner would have more control over his fortunes with the team, and not be stuck in a money-losing situation.
• It would keep the NHL out of Balsille’s hands
Hell if they really wanted to win the PR war (especially in Canada), and be incredibly spiteful, they would sell them to an Owner who would relocate them to So. Ontario that isn’t Balsille. I don’t think they’ll take things that far, but they could do it.
In short, I think the NHL wins the auction, operates the team in Phoenix for 2 years, (and I honestly think they will put all effort into keeping the team there.) I don’t think they’ll be able to do so, due to Gelndale’s refusal to concede much, and then the NHL will move the franchise up the road to Vegas. Why Vegas, so they can keep the fans they have made in the Phoenix market while building in a place they have been eying for a while. They will also leave the door open for returning to the Phoenix area one day down the road.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 12:20 PM CDT up reply actions 0 recs
The problem under this scenario is that the NHL ends up owing the city the full damages for breaking the lease.
by J. Michael Neal on Aug 26, 2009 12:35 PM CDT up reply actions 0 recs
Yeah
so which of the three evils is worse?:
• Sitting there losing $20-$60M/season
• Coughing up cash to get them out of an untenable lease/situation, then making some of it back down the line when the franchise is sold
• Letting Balsille buy the team and moving it to Hamilton.
The league clearly thinks #3 is doomsday, so they have 2 options (this is all assuming they can’t make a deal in Gelndal work)
If I’m the NHL I might think the second option is the best of a bad lot.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 12:45 PM CDT up reply actions 0 recs
The city wants over $700 million in damages though, should the lease be broken. I’d say that’s worse than losing 20-60 a season hoping things turn out better.
by koopa kid on Aug 26, 2009 3:33 PM CDT up reply actions 0 recs
$700M? I hadn’t heard that number, it seems fairly absurd to me.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 3:51 PM CDT up reply actions 0 recs
It’s roughly the remaining lease payments over the life of the lease. I doubt that that figure would be upheld, but it would be large. I would expect that it would be at least the present value of the remaining debt service.
by J. Michael Neal on Aug 26, 2009 4:43 PM CDT up reply actions 0 recs
That sounds more reasonable. I’m not sure what that number would be.. maybe $350M…
That’s a lot, but at $60M/season that’s only 6 years worth of losses.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 4:51 PM CDT up reply actions 0 recs
It is not that, actually. It is the lost anticipated revenue from the arena and environs. The city filed a calculation of the damages a while back. As they constitute liquidated damages, there is a fairly high bar that must be passed in order for them to be dismissed in favour of “actual damages”.
by Gerald on Aug 27, 2009 7:24 PM CDT up reply actions 0 recs
Vegas has no building, a depressed economy, and no hockey tradition. Explain to me why they would be moving here again?
by yeah_eric on Aug 26, 2009 12:40 PM CDT via mobile up reply actions 0 recs
Jerry Bruckheimer wants to put a team there. And they have been angling to get there for years.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 12:41 PM CDT up reply actions 0 recs
And where will this team play and who will pay to see them?
by yeah_eric on Aug 26, 2009 1:14 PM CDT via mobile up reply actions 0 recs
I’m not the one who has done viability reports, or working out the finances. I never said this was the best solution, or best scenario. I still think it’s what the NHL would prefer.
I’m positive the NHL and Bruckheimer have had these discussions as well.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 1:20 PM CDT up reply actions 0 recs
Eric’s right… Vegas is a mirage until they get a building built.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 5:05 PM CDT up reply actions 0 recs
Jesus… a hockey arena in Vegas – even on the Strip – would make Jobing.com Arena look like it’s in the center of Happeningville.
I’d rather Jim Balsillie take this team to Hamilton than see a hockey team in Las Vegas – even though I live less than 5 hours from Vegas personally.
You are validating my inherent mistrust of strangers.
by zyllyx on Aug 26, 2009 5:59 PM CDT up reply actions 0 recs
Isn’t Glendale 5 hours from Phoenix? :P
I kid. I kid.
by yrmom on Aug 26, 2009 6:49 PM CDT up reply actions 0 recs
Actually, yes it is – if you’re Jeremy Roenick and trying to get to the arena while still wearing the S&M halter you forgot to take off after your latest tryst with a groupie. :P
You are validating my inherent mistrust of strangers.
by zyllyx on Aug 26, 2009 6:53 PM CDT up reply actions 0 recs
NIce. But only one groupie? J.R.’s got a lot of love to give. And possibly cold sores.
by yrmom on Aug 26, 2009 7:11 PM CDT up reply actions 0 recs
Already a done deal?
1) Isn’t this already a done deal? When Balsille stated that he would withdraw his bid on September 14th if things weren’t settled by then didn’t that signal he was unofficially pulling out?
2) By that we mean there is NO WAY this ruling (if lost by the NHL) would not be challenged/appealed. Meaning there is a zero % chance that this will be decided by Balsille’s self imposed September 14th deadline.
3) The NHL wins either outright or by default which then gives them time to negotiate a better deal with the locals, etc.
No?
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sometimes I find it's better to be somebody else
by Fauxrumors on Aug 26, 2009 12:28 PM CDT reply actions 0 recs
I’m still waiting for someone to explain what leverage the NHL would have against the city once the team is out of bankruptcy.
by J. Michael Neal on Aug 26, 2009 12:36 PM CDT up reply actions 0 recs
Leverage?
Perhaps threatening to fold the team and move the franchise to another city?
I find sometimes it's easy to be myself
sometimes I find it's better to be somebody else
by Fauxrumors on Aug 26, 2009 12:38 PM CDT up reply actions 0 recs
I think both Glendale and the NHL think they have more leverage over each other than they actually have.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 12:47 PM CDT up reply actions 0 recs
Here’s there leverage: http://canuckscorner.com/tombenjamin/?p=1120 Point number 6. Basically what Fauxrumors says.
by RyanV on Aug 26, 2009 12:58 PM CDT up reply actions 0 recs
If the league folds the team, they will still have to reach a settlement with the city of Glendale on the lease and again, to a point Gerald made earlier, this might net the city more money than they can otherwise reasonably expect.
Very possible that this happens, but my sense is the league comes up with another owner who eventually winds up moving them. In the meantime, they are going to take a major bath this season because I can’t see why fans would buy tickets knowing the team is a lame duck in the market.
by oilerdago on Aug 26, 2009 1:16 PM CDT up reply actions 0 recs
If the league revoked the franchise, and turned around and resold it, I would bet that the courts would find that they owed Glendale damages. Constructively, that’s exactly the same thing as moving the team.
by J. Michael Neal on Aug 26, 2009 7:42 PM CDT up reply actions 0 recs
They wouldn’t resell the Coyotes. They’d revoke the franchise, hold a dispersal draft to deal with players under Coyotes contracts, expand somewhere else, collect the expansion fee, and hold an expansion draft. The Coyotes would cease to exist and a new franchise would spring out of nothingness.
by RyanV on Aug 26, 2009 8:10 PM CDT up reply actions 0 recs
I’m willing to bet that a court would rule that this was constructively the same thing. If it’s a transparent attempt to void the lease, the NHL would probably lose. I’m not even sure that the NHL is correct that it can revoke the franchise and be free and clear of the lease even if it doesn’t recreate the team. Just because the franchise is revoked doesn’t mean that the company that owned it disappears. It just has a lot fewer assets than it did before. It still owes that money. If the NHL owns the team, and probably even if it doesn’t, you can bet that Glendale will sue it as dealing in bad faith.
by J. Michael Neal on Aug 26, 2009 9:30 PM CDT up reply actions 0 recs
In that case, the holding company just declares bankruptcy, and the city is left out in the cold.
But yeah, the league would be in tough getting around the lease that way.
by Resolute on Aug 26, 2009 9:58 PM CDT up reply actions 0 recs
but if that holding company is the NHL…
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Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 26, 2009 11:53 PM CDT up reply actions 0 recs
It wouldn't be.
Again, the Expos precedent illustrates how this would work. In February 2002, MLB formed a Delaware partnership, Expos Baseball, LP, that purchased the Quebec company and franchise owner known, confusingly, as Baseball Expos, LP, and that showed up on your scoreboard as the Montreal Expos. Baseball Expos, LP wound up doing business in all sorts of odd locations — part-time in Puerto Rico, then full-time in Washington, DC. When MLB finally satisfied itself with an ownership group in mid-2006, the Delaware partnership sold Baseball Expos, LP (now DBA the Washington Nationals) to them, then promptly closed up shop and distributed the cash to its owners.
By the way, there were several jilted Washington ownership groups, and not one of them found MLB’s ownership of the club legally questionable enough to file suit. You need to get over this idea. It feels wrong, and it brings the competitive integrity of the league into question, but there’s no law against it.
That 17-year-old Hokie sitting in the rafters in Greensboro didn't see any of this coming.
@joshcvt / blog / photography
by JoshCVT on Aug 27, 2009 12:13 AM CDT up reply actions 0 recs
So basically, the league sets up a company/partnership, which actually buys the team, not the league itself? So then that company/partnership, which the league has a controlling influence in, is free to do things like go bankrupt, without dragging down the league which set up that company? That’s awfully transparent, and just as fishy as the rest of it.
I get that there is no law against a league owning a member team, but it sure seems like there ought to be. And Balsillie sure seems like the kind of guy to start that pissing match. Especially given that the NHL is so insistent throughout this whole process on the importance of their bylaws as it applies to moving the team, selling the team, and rejecting Balsillie, but it seems to be willing to bend or break its bylaws to get what it wants. Why wouldn’t Balsillie at least pursue that as one of his options after the auction, if he loses? Sure, maybe (probably) nothing comes of it and the courts end up upholding the NHL’s right to buy its own member teams, but he’s taking whatever shots at the NHL he can. If nothing else, it lets him keep throwing eggs at the NHL’s door, while he sniffs around his next target.
http://sacrificethebody.blogspot.com/
Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 27, 2009 3:15 AM CDT up reply actions 0 recs
We’re assuming that there is a bylaw against owning or operating a team thought. Truthfully, I doubt that is the case, as I’d bet the league, all of them, really, have contingency plans in place if it should be required to own or operate a team for a period of time. i.e.: if an owner simply walks away, or if the league is forced to revoke the franchise.
As to the first paragraph, I believe that is exactly what Moyes has done. Coyotes Hockey, LLC is bankrupt. Jerry Moyes is not.
by Resolute on Aug 27, 2009 8:45 AM CDT up reply actions 0 recs
Thats technically true – there is nothing in the corporate documents to prevent the League from operating a team – in fact there is a provision that allows the League to form a committee to temporary operate a team in cases where an owner has been disciplined. Members, on the other hand, are clearly prohibited from operating a team – directly or indirectly.
Article 8.1(a) of the Constitution prohibits any member from exercising control, directly or indirectly, of another team.
Article 8.1(b) of the Constitution prohibits any member from directly or indirectly, loaning to, or becoming a surety or guarantor of, any other member.
It might seem like an easy way for the League to address – simple firewalls and corporate formalities keeping the teams from operating the team. But what happens when the League needs Board of Governors approval on a matter related to team operations? If the league forms a new company operating that committee – where is it getting its funding? The Board of Governors (ie the owners)? This could get very messy for the League, if there was a lawyer out there who wanted to make it so.
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http://glensathersucks.com/
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by poploser on Aug 27, 2009 9:52 AM CDT up reply actions 0 recs
Indeed. This is a sticky situation for the NHL. They are going to have to be on their toes.
Incidentally, where would one get a hold of a copy of the NHL’s bylaws?
by Resolute on Aug 27, 2009 2:11 PM CDT up reply actions 0 recs
Someone on HFboards reading the documents suggests the following setup:
The NHL bids for the team, but keeps the lease with the current, Moyes company that emerges from bankruptcy with only the lease.
The NHL agrees to do all management and pay all the fees associated with the lease for one year.
After that 1 year, they either need a renegotiated lease or Moyes company redeclares Bankruptcy with no other assets to kill the lease.
So, it will be very interesting to see what Glendale thinks of this, and what the Judge thinks of it. It is essentially an attempt to break the lease in a way that screws Glendale the most, so we shall see.
by Waterloo Sens Fan on Aug 26, 2009 9:32 PM CDT up reply actions 0 recs
How is the judge going to go along with the company emerging from bankruptcy with a big liability and no assets?
by J. Michael Neal on Aug 27, 2009 12:20 AM CDT up reply actions 0 recs
I doubt Balsillie will drop out if his deadline passes. He most certainly will not bow out if he wins, but the NHL appeals. So no, it isn’t a done deal yet.
by Resolute on Aug 26, 2009 1:44 PM CDT up reply actions 0 recs
What has Balsillie done?
Looks like no one likes him(owners), so what has he done in the past to piss them off? took a piss in a punch bowl ?
Certain medias has managed to create such an image out of him that multimillion dollar evil man is going to take away your hockey team, kind of James Bond movie villain case
It’s personal now
by nudge on Aug 26, 2009 4:28 PM CDT reply actions 0 recs
I’d suggest wallowing around previous posts to see the litany of issues the league has with the Crackberry maven. The short course is they contend that he has attempted to subvert weaker franchises in the hopes of purchasing them and relocating them. Jumping in the bankruptcy fire with Moyes is just his latest attempt.
2008-2009 Colorado Avalanche: Dry Humping Mediocrity
by Mike @ MHH on Aug 26, 2009 4:30 PM CDT up reply actions 0 recs
The biggest thing
to me, was how he tried to go behind Leopold’s back and devalue the Predators in order to buy them on the cheap side with some pretty dirty tricks.
But there’s been plenty of other stuff too.
The 2009-10 Colorado Avalanche: Aiming for the Charity Point
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Aug 26, 2009 4:52 PM CDT up reply actions 0 recs
Perhaps. One thing I’d like to know is if the Preds were actually short-changing the city on their lease — was Rodier simply pointing out an ugly truth about the franchise that Leipold had just assumed not know about?
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 5:11 PM CDT up reply actions 0 recs
Per the Leipold statement, the clause in question required the Predators franchise to maintain a certain net worth.
Leipold’s statement asserts that after being contacted by Rodier, the city of Nashville suggested that only physical assets of the Predators’ franchise could be used to calculate the net worth, which is absurd. Any franchise that doesn’t own its own building wouldn’t be worth much under that kind of framework. What are the physical assets of the team? Player equipment (maybe — I don’t know whether player or team owns that), the skate-sharpening machine, practice gear, the weight room, whatever medical equipment lives in the trainer’s room, merchandise in the team store, and office equipment upstairs. It’d be tough to scrape $2M out of all of that.
The value of an NHL franchise is in its permission to participate in the league season, its player contracts, and the team brand identity. Physical assets are spare change (again, unless the team owns its arena). Arguing a physical assets position for the net worth of a tenant NHL club is deeply disingenuous.
That 17-year-old Hokie sitting in the rafters in Greensboro didn't see any of this coming.
@joshcvt / blog / photography
by JoshCVT on Aug 26, 2009 6:37 PM CDT up reply actions 0 recs
Thanks Josh, that’s a good point.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 6:48 PM CDT up reply actions 0 recs
On the Leipold statement
If I’m not mistaken (and I’ll bet the Forechecker knows this one), Leipold’s statement is not accurate. The city of Nashville’s questioning of the physical assets of the franchise took place at least one year before it came out that he was selling the team.
The articles in the local paper here covered the political nitpicking going on over a ridiculous issue because the team was losing money and the city was worried about them being able to pay their lease (and wondering what would happen if the team moved).
And if Balsillie was undercutting the franchise value so much, how come he still offered him almost $40 million more than what he ultimately took for the team ($232mm vs. $191mm), a number that was still much larger than what other teams have been selling for (Edmonton for example).
A nice attempt to revise history by Leipold but I’m not buying it until someone else backs that claim with facts. The good guy for us hockey fans in Nashville is David Freeman, not Craig Leipold. Good riddance.
by oilerdago on Aug 26, 2009 9:28 PM CDT up reply actions 0 recs
The city of Nashville’s questioning of the physical assets of the franchise took place at least one year before it came out that he was selling the team. […]
And if Balsillie was undercutting the franchise value so much, how come he still offered him almost $40 million more than what he ultimately took for the team ($232mm vs. $191mm)…
None of what you said is inconsistent with Leipold’s statement, actually. He asserts that, after he broke off negotiations with Balsillie in summer 2007, “certain administration officials” informed him that Rodier had contacted the city Finance Director in late February and early March 2005. The political wrangling began then; Leipold claims to have begun negotiations with Rodier and Balsillie in winter 2007, more than a year later.
Understating the franchise’s value explicitly by a legal or contractual definition of said value doesn’t mean that a transaction would realistically happen at that stated value. Think of it like a municipality’s assessment of a home for property tax purposes. Back in 2004, Fairfax County, Virginia thought the condo I was renting was worth $125K, and taxed my landlord on the basis of that value. She’d have laughed off an offer of any less than twice that. Real value didn’t matter for the tax man, though; only the legal definition did.
The contacts Leipold alleges would have been intended to establish a contractual definition of franchise net worth that put the franchise in violation of its lease contract and therefore create friction between the Preds, the Metro government and (through media) the community. How much the Balsillie/Rodier team would have paid later for the franchise, and whether the franchise was losing money, are irrelevant to that point.
I can understand your aggravation with Leipold, but I don’t think he’s trying to whitewash his Nashville record at this point. He’s done with Nashville. He’s worried that a guy who devalued his last business, screwed him out of $10 million, and has a bigger legal shenanigans budget is going to wind up as a business partner by court order, and he doesn’t like it for beans.
That 17-year-old Hokie sitting in the rafters in Greensboro didn't see any of this coming.
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by JoshCVT on Aug 26, 2009 11:15 PM CDT up reply actions 0 recs
The NHL's bid, were it's finances are coming from, and how it will affect the salary cap!
Now that it is official that the NHL has submitted a bid to purchase the Pheonix Coyotes through the arbitration auction one has to wonder were the NHL is getting it’s money from and from who? It’s obvious that Bettman has made it clear that he, as a commisioner, wants nothing to do will Balsille and his plans to U-Haul the Coyotes to Hamilton and it seems that Bettman has many supporters. So who is helping finance this bid? It’s obviuos it not any of the owners or the ownership groups in Long Island, Florida (Tampa or Sunrise), New Jersey, Carolina, Atlanta, Buffalo, Pittsburgh, Nashville, St.Louis, Columbus, Minnesota, Dallas, and Anaheim. So where is it coming from and who is paying Gary a big favour? It definitely points to Jacobs (Boston), MLSE (Toronto), the Molson’s (Montreal), Snyder (Philadelphia), Dolan (NYR), Leonis (Washington), King (Calgary), Illtich (Detroit) and Wirtz (Chicago). And who thinks here that these guys will give some of their finances to help this bid in keeping the Coyotes thus part-owning the Coyotes and not have some favours thrown their way? Thought so. And what do these franchises all, seemingly, have in common? A salary-cap problem.
The more and more I keep hearing about this bid and the NHL executives continue to say that the league’s economical landscape is heading in the right direction, the more and more I think it’s their way of letting the public know that the cap is going up next season. And probably more than $5 million, but then again I could be reading too much into this but it is a little puzzling to think that the Salary-Cap will stay the same (or go down) when it’s most prominent B.O.G.’s are the ones quote, un-quote “footing the bill”.
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by hawks61 on Aug 26, 2009 4:51 PM CDT reply actions 0 recs
…………………what?
What exactly is your reasoning on the cap going up next year? The owners with the money to put towards propping up a franchise are cap strapped, so they’re going to ask for a favor, and that favor is the raising of the cap? The cap is set, per the CBA, by the revenues taken by the NHL. Neither NHL, or its BoG, or even a unanimous decision by all 30 owners to raise the cap can actually do so. Changing the cap would require negotiation of the CBA by the NHLPA and the NHL.
Furthermore, I haven’t actually seen anywhere yet the details of this bid, in terms of where the money is coming from. I’d be surprised if the financing actually comes from hitting each owner up for 5-10M.
http://sacrificethebody.blogspot.com/
Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 26, 2009 5:54 PM CDT up reply actions 0 recs
The financing is likely to be of the same sort that Reinsdorf’s was. It won’t involve much up front cash. Instead, it will be the assumption of debts, requiring that creditors be paid off as the bills come due. If the NHL ends up buying the team, I expect that the cash calls will eventually be really big, unless they can unload it faster than I think they can. They will be able to kick that can down the road.
I think the odds of this team ending up back in bankruptcy within five years is very high. Maybe the league is hoping that Balsillie will die of a heart attack or something, so they can try this again without him.
by J. Michael Neal on Aug 26, 2009 6:39 PM CDT up reply actions 0 recs
I would definitely agree with that. Being willing to take on those debts buys time, but it won’t last forever. This is a last ditch effort to put the process off by a year or three, and hope someone comes to the rescue. I wouldn’t be surprised if we end up right back where we started here, with a whole bunch of extra mud on the NHL’s faces, and a whole lot of extra ill will back and forth between Hamilton, Phoenix, and the NHL.
http://sacrificethebody.blogspot.com/
Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 26, 2009 8:19 PM CDT up reply actions 0 recs
A point of fact
The Sale of the Montreal Canadiens hasn’t been approved by the league yet, so it’s still Gillet calling the shots.
That’s why he attacked Balsillie in the manner that he did, even though as recently as 2008 Uncle George was mouthing off about revenue sharing etc…in a way that led Balsillie to believe that he would be an ally in this coup.
However, when one has mountains of debt on a foreign soccer team and some kids come along and overpay for your mediocre hockey club, you have to tap dance a little to please the boss.
Hence Gillet’s ridiculous allegations that Balsillie ruined the Habs season. Nah, Gainey and the team of gutless wonders he assembled had nothing to do with it at all.
by Exit716 on Aug 26, 2009 8:04 PM CDT up reply actions 0 recs
It’s silly to suggest that Balsillie sabotaged Montreal’s season, but I can imagine that Gillett might be upset about Balsillie publicly inserting himself into a sale that was still in the private negotiation stage.
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by Doogie2K on Aug 28, 2009 8:15 AM CDT up reply actions 0 recs
The Leafs are not cap-strapped. They’d probably do it because they don’t want anyone infringing in their territory though.
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by PPP on Aug 26, 2009 11:53 PM CDT up reply actions 0 recs
$140m
That’s the NHL’s bid. Nothing for Moyes, Gretzky gets released, and they keep the existing lease with Glendale.
Ice Edge is on the table for a reported $150m. They don’t give Moyes a dime, Gretzky stays, but their bid is contingent on a new lease with Glendale.
Balsillie’s bid is $212.5m. Moyes gets a big chunk of change, Gretzky gets released, and the team bolts for Hamilton ASAP.
http://www.cbc.ca/sports/hockey/story/2009/08/26/sp-nhl-coyotes-bid.html
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by saskhab on Aug 26, 2009 9:54 PM CDT reply actions 0 recs
The NHL bid, while keeping the lease intact, keeps it with the seller (Moyes company), not the NHL.
The NHL is merely sub-leasing through Moyes’ company for 1 year, after which they can do whatever, since Moyes company will only have the lease and be able to declare bankruptcy again to avoid all the penalty fees.
It will be very interesting to see what Glendale has to say about this, but the NHL has come up with a more clever end around the lease than Balsille and co.!
by Waterloo Sens Fan on Aug 26, 2009 9:58 PM CDT up reply actions 0 recs
I’ll have more on this later (obviously). WSF is right in that the lease details are key on the NHL bid.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 26, 2009 10:22 PM CDT up reply actions 0 recs
Please do. Business of hockey is getting to be more interesting than sport of hockey.
http://sacrificethebody.blogspot.com/
Sacrifice the Body - Examining the NHL through statistical analysis, reasoned thought, and blind conjecture.
by IAmJoe on Aug 26, 2009 11:58 PM CDT up reply actions 0 recs

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