Cracks begin to show in Reinsdorf bid
There was yet another flurry of court filings on Friday night, late enough that anyone who tuned out for the weekend would have missed it, but three summaries from The Globe and Mail's Dave Shoalts, The Associated Press and The Arizona Republic do a nice job of filling us in.
The biggest development is the fact that major creditors are now joining Jerry Moyes and Jim Balsillie in criticizing the NHL-approved $148-million bid from Jerry Reinsdorf.
Here's the local take first, which gets into the potential concessions we've heard so much about:
The filings say Reinsdorf has asked for a special taxing district to be created in Glendale's sports and entertainment district that would provide as much as $23 million next fiscal year through a "voluntary" surcharge on retail sales. Additionally, if the team were still losing money after five years, Glendale would have to pay Reinsdorf $15 million each year of losses or allow the team to be sold and relocated, according to Moyes' filing.
I honestly haven't the foggiest what a "voluntary surcharge on retail sales" would entail other than hiking tax rates in the area around the arena in order to subsidize the team, and it's likely there'll be opposition to such a plan in the community. The relocation bit has to be troubling, too, if you're a fan of this team, but it's highly likely any "local" purchase includes a similar clause. (The Predators sale came with stipulations that made the franchise more "portable" for our pal Boots.)
Shoalts gets into the creditor business along with providing some information about a missed deposit by the local bidders:
The Coyotes’ largest creditor, meanwhile, broke its silence yesterday. SOF Investments Ltd., a fund owned by computer tycoon Michael Dell and that is owed at least $80-million by the Coyotes, also filed an objection to Wednesday’s sale.
Lawyers for SOF joined Moyes and Balsillie in saying neither bid consists of any cash but only the assumption of debt and a condition that new deals be worked out with some creditors while others would be left out in the cold. Both Moyes and Balsillie pointed out neither bid put up a $10-million deposit by yesterday, which was part of the court’s terms.
And, finally, here's the wire service's Andrew Bagnato with more colour:
"The current motions are clear recognitions that the only real 'bid' that has been received (the Reinsdorf bid) is woefully deficient on many levels," Moyes said in court documents. ... A committee of unsecured creditors also objected, on the grounds that Reinsdorf's offer is "contingent and illusory." The committee contested Reinsdorf's offer to assume up to $148 million in liabilities, putting the figure at about $121.5 million.
What does it all add up to? To quote blogger Tom Benjamin: "Anybody who thinks this mess is going to get resolved soon is nuts."
And even in the short term, we're heading into some murky territory.
It's no wonder the league wants to delay the sale process as, even after being in negotiations with Glendale since at least early February, Reinsdorf clearly isn't at the point of hammering out a new lease agreement he's comfortable with, and it's quite possible no one will be fit to bid — without qualifications — if the original scheduling goes ahead. Under the terms the judge originally laid out, then, that could mean the Sept. 10 auction "to consider bids for relocating the team" becomes a focal point.
And it's anyone's guess whether or not more parties would come out of the woodwork in that scenario.
The NHL has made Reinsdorf its white knight since the beginning of this mess, and while he remains the front-runner to own the team, there is the potential he drops out if he has difficulty negotiating with the city or simply decides this is too big of a mess to wade into given limited potential gain.
Regardless of who "wins" the initial bidding process, there is likely to be additional litigation from the aggrieved side, and we could be very well be without an outcome well into the season.
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Big shocker here. Who knew a no cash bid with substantial City concessions (including taxing their own citizens more, WTF?) would receive the blessing of NHL, Inc? Between this and the barnstormer investor group (which still apparently doesn’t have all the investors together), this is going to be a really fun season for the Yotes. Can they even afford to keep the ice chilled with either of these ownership groups?
Since they don’t want JB, I guess it might come down to the NHL running the show before they ship em off to KC and into AEG’s pocket.
The population of Pominville keeps rising!
by Blackcapricorn on Aug 3, 2009 9:26 AM CDT reply actions 0 recs
there is the potential he drops out if he has difficulty negotiating with the city or simply decides this is too big of a mess to wade into given limited potential gain.
I was thinking along the same lines while reading. It doesn’t seem like Reinsdorf has much to gain, ultimately, and this whole process is really turning into a giant mess that he might not want to be part of, in the end.
There was some speculation early on that he was getting involved in part because Bettman was pulling in a favor or something, but to what extent is that true, and what strenght does that favor hold?
by Habs on Aug 3, 2009 9:43 AM CDT reply actions 0 recs
I don’t know about “limited potential gain”. Sports franchises have historically gained significantly in value, and I doubt that’s about to change. Especially with this team that seems to be on the cusp of contention.
Will the potential gain occur in Phoenix? Can it?
At this point it certainly doesn’t seem like it.
by Gusinabox on Aug 3, 2009 10:25 AM CDT up reply actions 0 recs
More to the point, can the potential gain occur in five years in Phoenix?
Even with five straight deep playoff runs, how much can the team make? Even if they do that, I can’t see them able to crank up the ticket prices to comparable values for teams that are consistent contenders. That rapid of an increase is very hard to justify even in a robust traditional market as anything other than a blatant money grab.
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 3, 2009 10:45 AM CDT up reply actions 0 recs
If he can get that relocation clause and then sell to the highest bidder elsewhere, there might be some real gain there.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 3, 2009 11:09 AM CDT up reply actions 0 recs
Cracks?
Those aren’t cracks, they are gaping holes. Lets list what conditions Reinsdorf still needs to resolve.
1. A new lease agreement with the City of Glendale that would pump up to $23 million per year into the Coyotes coffers and an out clause after 5 years if the team is still losing money.
2. Financing and finalizing his partnership agreements with his as of yet unknown partners and of course getting the NHLs stamp of approval for said partners.
3. Renegotiating several loan agreements with secured debtors including SOF Investments and the NHL itself.
4. Having the bankruptcy court terminate other contracts including Wayne Gretzky’s.
Pretty much every creditor, secured or otherwise, have submitted full or partial objections to the Reinsdorf conditional offer, including the NHL who has stated they haven’t come to an agreement with Reinsdorf yet on their loans to the Coyotes.
Basically all that Reinsdorf has done is outline a set of conditions that he would purchase the Coyotes but has not resolved many, if any, of those conditions. What Reinsdorf wants is to purchase the team with none of his own money and a near guarantee that he won’t lose any money in the future and a guarantee that if he does lose money he could relocate the team or sell the team to someone interested in relocating it, likely at a nice profit.
The Ice Edge Holdings offer isn’t even as far along as Reinsdorf’s and it is conditional on being able to play games in Saskatoon too.
The NHL is just trying to delay it as long as it can so it can find a more suitable (to them) owner/location than Balsillie/Hamilton because it is clear the Phoenix conditional offers are a joke.
by HockeyAnalysis on Aug 3, 2009 9:50 AM CDT reply actions 0 recs
oh you’re just nitpicking! don’t you remember – Gary Bettman told us that the team was "literally 20 minutes away from being fixed in a way that we thought was going to work quite well…"
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by poploser on Aug 3, 2009 1:34 PM CDT up reply actions 0 recs
Then all this legal maneuvering is the longest 20 minutes in the history of relativistic time dilation. ;)
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 3, 2009 9:14 PM CDT up reply actions 1 recs
Wouldn’t that, ironically, require everyone to be moving near the speed of light?
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by Doogie2K on Aug 4, 2009 7:57 AM CDT up reply actions 0 recs
The filings say Reinsdorf has asked for a special taxing district to be created in Glendale’s sports and entertainment district that would provide as much as $23 million next fiscal year through a “voluntary” surcharge on retail sales.
Can we stop pretending that Reinsdorf is not asking for a subsidy, even in the very restricted sense that Gerald and zyllyx were trying to limit the discussion to?
Additionally, if the team were still losing money after five years, Glendale would have to pay Reinsdorf $15 million each year of losses or allow the team to be sold and relocated, according to Moyes’ filing.
Can we also stop pretending that this is a bid “to keep the team in Phoenix?”
by J. Michael Neal on Aug 3, 2009 10:50 AM CDT reply actions 0 recs
Is this really a surprise
Reinsdorf has a lot of chutzpah. First, he’s trying to buy a team w/out any cash. He’s then willing to assume debt – but wants that amount negotiated down.
Then he’s asking the city of Glendale for a new lease deal, plus a special taxing district to generate $23 million in money to cover the teams operating losses. Then he wants money if he has to break the lease deal. Wow.
With all due respect to the Coyotes fans out there, how can anyone be so stupid as to allow this?
And people, this is what Gary Bettman and the NHL board of governor’s is approving!
It’s really going to come down to the league versus secured creditor’s on this and will the judge come to their rescue. It seems now that the secured creditor’s realize that they are going to get even less than they’d hoped for if Bettman is allowed to push either Reinsdorf or Ice Edge Holdings through.
Oh, and for unsecured creditors (Moyes, Gretzky), you’re toast with these deals too.
What lengths Bettman will go to make his point truly are amazing.
by oilerdago on Aug 3, 2009 11:15 AM CDT reply actions 0 recs
1. You have no evidence that Reinsdorf is trying to negotiate the indebtedness down. None.
2. By the reports, you have apparently misunderstood what Reinsdorf is asking. He is not asking for money “to break the lease”. Assuming the reports are accurate, he is asking for coverage on losses after 5 years. While not reported, I would assume that the losses coverage is UP TO $15 million. Only if the City declines to cover those losses would he be entitled to terminate his lease (which, BTW, would not necessarily allow him to move the franchise),
3. It is not and never will be the NHL vs. secured creditors. For one thing, the NHL IS a secured creditor. For another, the secured creditor SOF is getting taken care of either way.
4. As for the unsecured creditors, there are 170 of them whose contracts Reinsdorf has proposed to assume.
The lengths to which anti-Bettman attackers will go is amazing.
by Gerald on Aug 3, 2009 11:52 AM CDT up reply actions 0 recs
SOF certainly seems to be a bit worried about its capital here. There must be some danger they’ll lose part of their cash depending on the outcome of the case.
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by James Mirtle on Aug 3, 2009 12:03 PM CDT up reply actions 0 recs
SOF absolutely want this resolved before the start of the NHL season and so far they see the Balsillie bid as the only solution in that time frame. They don’t want to risk that the Coyotes will rack up so much additional debt this upcoming season that the proceeds of a sale next spring wouldn’t even cover the secured creditors and the NHL will get paid off before SOF. SOF holds a critical stake in this being a secured creditor and right now they see the Balsillie offer as the only certain way they will get all their money back.
by HockeyAnalysis on Aug 3, 2009 12:42 PM CDT up reply actions 0 recs
Actually, David, it is inaccurate to say that they see the JB offer as the only certain way they will get all their money back. They have in fact filed their support for an adjournment of the auction process.“if the parties require further time to conduct diligence and negotiate terms”. In doing so, they clearly see promise in the Glendale bids; otherwise they would not support an adjournment..
They further stated in their filing:
“SOF understands that most of the attention of both IceEdge and the Reinsdorf Group has been focused on lease negotiations and other issues with the City of Glendale, both purchasers having required lease modifications as a prerequisite for a transaction”
by Gerald on Aug 3, 2009 12:58 PM CDT up reply actions 0 recs
Well, they did say that the JB offer satisfied their needs and they also pointed out that neither of the other two do in their current form so read from that as you will. You are right that they left open the possibility that the Reinsdorf and Ice Edge holdings might be suitable in the future but the future is very short term for them.
—
To the extent that the Court decides to hold a sale hearing on the Glendale Bids on August 5, given the absence of a full cash pay down or an agreement on alternative terms, SOF does not consent to either Glendale Bid as they have been presented. SOF looks forward to greater clarity on the status of the Glendale Bids and would not object to a very short adjournment of the Sale Hearing if the parties require further time to conduct diligence and negotiate terms.
However, SOF reiterates that it is imperative that whatever the outcome of the bifurcated sale process currently in place, and the Court’s decision in response to the requests for adjournment filed by the NHL and City of Glendale, it is necessary that a transaction actually close no later than late September, in time for the Team, with new ownership, to participate in the 2009-2010 professional hockey season.
—
by HockeyAnalysis on Aug 3, 2009 1:18 PM CDT up reply actions 0 recs
No problem with any of that description, at all. It makes perfect business sense for them to take that position. They do not have anything finalized with either Glendale bid, and they want to avoid waiting for a long time for their $$$.
by Gerald on Aug 3, 2009 5:54 PM CDT up reply actions 0 recs
BrahmResnik twitter from the courtroom: brahmresnik Coyotes BK: MSD atty speaks up. “Our interest is being paid in full, in cash. Only 1 bid (JB) does that – but issues w/all bids.”
by HockeyAnalysis on Aug 3, 2009 5:58 PM CDT up reply actions 0 recs
Yep, i noted that too a few minutes ago. It clashes a bit with their filing. If it comes to a conflict between the two, I would rather rely on the filing itself instead of a reporter’s paraphrasing of the parties’ positions. Note that they can get paid in cash with the Glendale groups as well, if they procure alternate financing (I doubt Reinsdorf would be turned down).
by Gerald on Aug 3, 2009 6:02 PM CDT up reply actions 0 recs
Sure, but as of yet there is no indication Reinsdorf doing that. Anything can happen in the future and SOF has left it open to changing its position but it seems clear to me that they favour the Balsillie bid because it gets them cash where as they have no clue what Reinsdorf of Ice Edge will provide them.
by HockeyAnalysis on Aug 3, 2009 6:29 PM CDT up reply actions 0 recs
Your point 1: No evidence other than the filing by SOF that stated that the Reinsdorf bid is conditional upon working out new deals with some creditors.
Your point 2: These contingencies upon the city of Glendale just keep getting bigger. Do you plan to insult me again for insisting that the bid is dependent upon receiving a subsidy?
Your point 3: Again, SOF’s filing indicates that they are worried that they won’t be covered in full. One question connected to this that I am wondering about is just, exactly, who is assuming the indebtedness. If Reinsdorf, or other, solvent companies that he controls are assuming the debt, that’s one thing. If the debt will simply be assumed by whatever the new holding company dedicated to owning the Coyotes, and liability attaches no higher up the chain, then insisting that anyone is guaranteed anything is incorrect. The situation will remain exactly the same as it is now.
Your point 4: The unsecured creditors have their contracts assumed up to a maximum amount. That’s not the same thing.
by J. Michael Neal on Aug 3, 2009 12:58 PM CDT up reply actions 0 recs
And yet again you are biting off more than you can chew here, Michael.
1. The point made by the other poster was in reference to lower amounts. NO evidence exists.
2. I can insult you in many other ways, thanks, much like you try to do to me on a daily basis in forcing me to respond to your nonsense. Check the other thread – again. It was not me who was arguing that the City deal is a subsidy. It was another poster. Again, you are mixing up my views with whatever goes on in your mind.
3. As I noted below before reading your post, SOF has expressly supported an adjournment of the auction. If they felt concern about not getting paid later, that is 180 degrees the opposite of the way to protect against that concern. They would have some concerns if the auction stretched to next year. As to the rest of your rubbish, they have the contractual obligation of a company (Reinsdorf’s) that is not bankrupt. Are you missing this somehow? Secondly, Reinsdorf has to pay the cure amounts; that is not a mere assumption of debt.
4. You are confused. The amounts stated are simply the cure amounts. Those amounts have to be paid forthwith. The rest of the contract is assumed in accordance with its terms and conditions..
by Gerald on Aug 3, 2009 1:08 PM CDT up reply actions 0 recs
1. This simply isn’t true. We know that there are negotiations over the debt. That is evidence that the amount of the debt is under discussion. It isn’t conclusive, but there is a fairly short list of things that you can negotiate over, and the amount is at the top of the list.
2. Uhm, yeah:
“I would further add that it is an offense to any thinking reader that someone would purposely the word "subsidy" in a clear attempt to skew the discussion by use of such a loaded term AND THEN accuse OTHERS of being disingenuous. You are a laugh a minute.”
3. What, pray tell, are they negotiating over, then? The timing of the payments? Change that, and you change the value of the payments. I admit that, strictly speaking, that’s not a change in the amount, but it has the same effect.
by J. Michael Neal on Aug 3, 2009 4:28 PM CDT up reply actions 0 recs
1, Please produce the evidence that the amount is under discussion. As for a fairly short list of things that you can negotiate – are you kidding?
2. Thank you for demonstrating your folly. As noted, I was ranting about your use of the loaded term not because it is or is not a subsidy, but simply because you selected a loaded term to skew the discussion, after which I elaborated further. Using the term “subsidy” in government funding discussions is like opening up an abortion discussion with “So, what is your position on murdering babies?” Do you see the point? I swear, it is like talking to a brick wall.
3. Any one of a dozen or more things. The biggest one – security. They may want a personal guarantee. Terms of default. Step-in rights. Interest. The list goes on and on.
If you had even the slightest clue what you were talking about, you would understand that, with SOF’s position as the second-ranked creditor, they are golden with respect to their amounts owing. They will get their full amount whether one of the Glendale bids is successful or the relo auction proceeds. The chance of any auction raising less than $115 million or so needed to cover the secureds is less than zero. They have no incentive to negotiate their amount. Their position is impregnable. They maintain all of the leverage in respect to amount, and as presumably sophisticated parties with a wit or two in their heads, they know it. In case you are wondering (why, then, would they negotiate at all if they have this leverage?", the answer is of course that the negotiations would revolve around what the terms of a deal now would be, same as any secured lending transaction. IF SOF has $80 mil, they will want to put it to use, so they might as well see what they can do with an actual competent owner/operator like Reinsdorf. Heck, they might parlay it into a larger arrangement, but either way it is worth a spin at the negotiating table
by Gerald on Aug 3, 2009 6:23 PM CDT up reply actions 0 recs
1) The mere fact that there are negotiations constitutes evidence. As I said, it isn’t conclusive, but amount is a pretty obvious thing to be negotiating.
2) Loaded or not, I was right. Reinsdorf’s bid is conditional on getting subsidies, even by the narrow definition you insisted on.
3) If SOF isn’t in any danger of not getting its money, why would they need to negotiate a security? Your two positions aren’t consistent.
by J. Michael Neal on Aug 3, 2009 7:43 PM CDT up reply actions 0 recs
1) To reiterate, there is no leverage from which to negotiate.
2) I insisted on no definition. You conflated my comment with support for the other poster, which it was not intended to convey. My only point – then and now – is that the term “subsidy” is a loaded term that skews the debate. Have the discussion, sure, and there are points to be made on both sides, but using loaded terms of that nature is the equivalent of asking someone whether they have stopped beating their wife.
3) They are fully consistent. Their loans are already secured. That is why they are getting their money. More security is better than less. If i was advising SOF, I would say this is a prime opportunity to get a personal guarantee as additional security. They probably asked Moyes for one in the original deal and got rejected. SOF has some leverage now, and this is the prime time to exercise it.
by Gerald on Aug 4, 2009 9:10 AM CDT up reply actions 0 recs
1) This point is still inconsistent with #3.
2) Apparently, you think that it is unfair to call something what it is. Honesty seems to be your enemy. These are subsidies. It is not unfair to ask someone if they have stopped beating their wife if it is known that they gave beaten their wife in the past.
Really, this whole debate point says all we need to know about your positions.
3) As you said, they have no leverage in this instance. SOF isn’t in a position to negotiate for something more than they already have. If they’re going to get paid regardless, they don’t have any standing to object to the bid. Your guess doesn’t make any sense. I’d also point out that you have zero evidence to back your speculation, but speculation is all either of us have.
by J. Michael Neal on Aug 4, 2009 10:01 AM CDT up reply actions 0 recs
1) The leverage which I am saying does not exist was Reinsdorf’s leverage. I assumed that you had read my post in the other thread. I am not sure how you missed it.
Allow me to spell it out, all in one thread so you don’t have to go back i two threads:
- As I have said, SOF has nearly all the leverage here with respect to the amount to be paid. It is a certainty that it will be repaid all of its amounts, short of the sale taking a year or two to complete and the proceeds – even for a relo – getting eaten up by the DIP financing.
- Because SOF has nearly all the leverage as to amount, Reinsdorf has little to none. The only leverage that he has is that SOF has $80 mil that it has available to invest and he is a potential customer. As such, they can negotiate terms, much like any business does to get a bank loan.
2) Out of respect to James, I will not respond to your despicable act of calling me a liar (since “honesty seems to be [my] enemy” according to you, the only conclusion is that you are calling me a liar) and your ill-formed and preposterous analogy. I don’t know where one goes from there. It says all that needs to be said about you.
3) See above. As I said repeatedly, SOF has the leverage. As a result of your primary misperception, the rest of your point is irrelevant.
by Gerald on Aug 4, 2009 10:44 AM CDT up reply actions 0 recs
Your insistence that it is wrong to call a subsidy a subsidy is an insistence on dishonesty. There’s no getting around that. A willingness to call things what they are is an essential prerequisite to truthfulness.
by J. Michael Neal on Aug 4, 2009 11:10 AM CDT up reply actions 0 recs
And your insistence on using a loaded term to avoid substantive discussion is proof positive that you are dishonest, in addition to being insufferable.
Michael, everyone can see what is going on. You have been reading my posts, and have determined that I am a know-it-all jackass lawyer who deserves to be taken down a peg or twelve, and that you are just the man to do it. As such, you have been scouring my posts in an attempt to parse words and find inconsistencies, in the hope that you will then be able to say “AHA!!”
The problem for you is that you haven’t got the game. You are some minor accountant – only a few years removed from school, I would bet – who thinks they know a lot more than they do (like I did when I was a few years removed from school, to be fair to you)** and cannot wait to try to hunt down the elephant, to put it metaphorically. So I explain my posts to you endlessly (instead of ignoring you like I would if I had any common sense), all to little avail. You are probably feeling a lot of frustration with what you feel to be my elusive dodging. How is your cleverness not working?
Here is why not: it is because I know more than you, I have experienced more than you, I write better posts than you and I can put together more solid and cogent positions than you. I don’t need to couch my positions in loaded words that skew a debate. I rely on the power of the idea and facts to prove my points. I could conclusively counter your sad little tautologies above and in the other thread (which effectively amount to “it is a subsidy because it is, and I say that it is!!!”), but it would be pointless since I am only amusing myself at this point in this thread and I have wrung about as much out of this as I can.
I am trying to be nice, kid. You are making it hard. Go find another windmill at which to tilt.
- If I am wrong and you are actually an older gentleman with some experience under your belt, then that is even worse for you. I prefer to give you the benefit of the doubt.
by Gerald on Aug 4, 2009 2:09 PM CDT up reply actions 0 recs
Please explain to me how setting up a special tax district to give money to the team is not a subsidy. Quit dodging that issue. If it is a subsidy, then you refusing to call it that is dishonesty.
by J. Michael Neal on Aug 4, 2009 2:30 PM CDT up reply actions 0 recs
I don’t see how “subsidy” is such a loaded term – not anymore, anyway. “Handout” would be, of course, so would a phrase like “corporate welfare” – but most of the people I know don’t think of the term “subsidy” as especially inflammatory. It’s accurate.
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 4, 2009 6:52 PM CDT up reply actions 0 recs
Yeah, I agree. I’m not sure why everyone’s up in arms over the phraseology here… subsidy, concession, whatever. It is what it is.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 4, 2009 7:40 PM CDT up reply actions 0 recs
Frankly, if it is that inflammatory, then that’s an indication that we should stop doing it. Or that the public always wants its candy, but doesn’t want to be taxed to pay for it.
by J. Michael Neal on Aug 4, 2009 7:59 PM CDT up reply actions 0 recs
Michael, the thing is, I don’t believe I ever opined on whether the tax district is a subsidy or not. Frankly, I find the concept a little confusing and would like to know more before popping off about it, regardless of the term. Nor have I dodged it. No one around here has a clue as to what it is, as far as I know.
I will say this on the topic in general. We live in a P3 world now, which is regarded by most as a good thing (as long as it does not get into areas which should not be governed by the profit motive, such as security/safety). As a general proposition, if a government contributes $XXX to a project in the expectation that it will earn itself a monetary return on that money, is that a subsidy? Has the public not been screaming (me included) for years that, if/when the government spends money on infrastructure, it should spend its money not in the public-servant-as-drunken-sailor way, but rather in a more businesslike way with an eye on the purse strings and an economic return? Is that a “subsidy”?
Just answer that question in general. I would like to see where you stand on that, without regard yet to whether the PHO deal is such a thing or not. IS that a subsidy, or a normal business investment, such as is made every day in the business world?
by Gerald on Aug 4, 2009 10:38 PM CDT up reply actions 0 recs
Building infrastructure is not usually a subsidy, but that’s not what’s going on here. This is the government taxing its citizens in order to provide operating cash to a private business. They aren’t investors in the business. The only reason they are on the hook is because they decided to build an arena for a private business. That’s a subsidy, any way you cut it.
Governments are not businesses. They do not operate like businesses, and they do not measure results like businesses. It’s is silly to act like they are making a normal business investment, because that’s neither their purpose, nor their competency.
I don’t know about anyone else, but what I want is for the government to spend its money effectively doing the things that a government is supposed to be doing. I do not want them acting like a business, and I sure as hell don’t want them acting to take on the risk of some other private business while allowing the profits to flow to the business. That’s what the guarantee of $15 million to cover losses or letting the team break the lease is.
These are subsidies. If a private business thinks it can turn a profit running a hockey team, more power to them. The government shouldn’t be providing the cash for it. If it does, that is very clearly a subsidy.
Now, there are some places where I think government’s role is advanced by subsidizing private industry. Basic scientific research that has commercial applications is one, particularly in the health sciences. That said, I think that the way we go about subsidizing the drug companies is grossly inefficient in advancing the public interest. Regardless, though, it’s still a subsidy.
by J. Michael Neal on Aug 4, 2009 11:10 PM CDT up reply actions 0 recs
Could you not simply ask the question that I posed, without resorting to the next question as it may or may not pertain to the PHO situation?
I will ask it again:
As a general proposition, if a government contributes $XXX to a project in the expectation that it will earn itself a monetary return on that money, is that a subsidy?
by Gerald on Aug 5, 2009 1:23 AM CDT up reply actions 0 recs
The answer to that question, as written, is that it depends upon what, exactly, the government money is being used for. I laid that out above. One thing I tried to make clear is that the profit motive on the part of the government does not control whether or not something is a subsidy.
by J. Michael Neal on Aug 5, 2009 11:04 AM CDT up reply actions 0 recs
Now, will you finally answer my question? If the city of Glendale taxes its citizens in order to give that money to the Phoenix Coyotes, does that constitute a subsidy?
by J. Michael Neal on Aug 5, 2009 11:06 AM CDT up reply actions 0 recs
If it is trying to earn a return on said money, just like any other business partner contributing monies to a joint business proposition, then:
NO.
When Joe Blow and Mike Whoever decide to each kick in $50k to start a 7-11 on the corner of Main Street and First Avenue, they are not subsidizing each other.
The reaosn why I asked and re-asked is simply to determine the source of disagreement, and that you have capably done. You seem to feel that (a) government should never be in business and (b) the profit motive is irrelevant in determining whether something is a subsidy. I could not fundamentally disagree more strenuously on both counts. I understand that you seem to believe in a much more limited government role in business, evidently even in respect of public infrastructure.. That is your right. I suggest that you do some research about some of the great successes in the P3 world. Or not – whatever.
I can also understand that, if you take the POV expressed in (a) and (b) above, then any form of government investment is a subsidy. Myself, I cannot understand the logic of declaring that the profit motive is irrelevant in deciding whether something is a subsidy or not.
The research example that you cited above is a classic example of a subsidy. Paying someone to do something that will not result in pecuniary benefit to the government is a subsidy. Putting money into something with the intent of reaping a windfall down the road is not a subsidy. One may argue about whether Glendale has made a good investment, but that is a different question entirely.
As I said, though, if you want to restrict the government’s role in business or in the economy, then everything is a subsidy. I do not subscribe to that dogmatic POV.
By the way, plenty of government entities are subjected to the profit motive. Up here, there are a number that are hugely successful at it, as well. The LCBO virtually prints money. Ontario Power Generation and Hydro One are consistent money-makers. They act entirely like businesses and are extremely successful.
by Gerald on Aug 6, 2009 1:04 AM CDT up reply actions 0 recs
I’m not going to get into a lengthy discussion of my theory of governance here, though I’d be perfectly happy to do so through some other medium that’s not on James’ blog. Suffice it to say that I think that the LCBO has no business even existing as a retail enterprise, regardless of whether or not it makes a profit. The utilities are a somewhat different example, but times are changing such that they aren’t a great idea anymore, either. To me, these indicate the dangers of having the government operate with a profit motive, so the mere fact that they are earning money is unpersuasive.
I never said that a government enterprise operating with a legally enforced monopoly couldn’t make money, just that I’m opposed to it doing so.
by J. Michael Neal on Aug 6, 2009 12:49 PM CDT up reply actions 0 recs
Yeah, and you’re very experienced at condescension too.
That said I’ve learned to ignore your tone and focus on your points. I’m glad you post here so we can read some different points of view but sometimes it seems as if you’re keeping score at little too closely.
Enjoy your holidays.
by yrmom on Aug 4, 2009 2:36 PM CDT up reply actions 1 recs
Hey Gerald:
If you know more and have experienced more and write better posts and can put together more cogent posts and on and on then why are you posting this?
Ageism aside, if what you say about JMN is true, why are you stooping to respond?
If he is so laughable, why reply? It only gives him something more to come back at, doesn’t it? Why stoop to personal shots? I don’t find that to be a very professional approach. I wouldn’t find that acceptable in my lawyer. I realize these are your personal thoughts, but if you bring your experience and qualifications into it to me it becomes a different thing.
I find a lot of interest in both of your postings (hence my shoutout to regular posters in general and the two of you in particular).
Maybe “he started it”, but you are perpetuating it while playing a superiority card. The two don’t mix.
As an aside (to use one of your phrases) I would really like to see your answers to more of the questions posters (including James) ask of you. I’m interested in your opinions and value your answers, but ignoring questions looks like you have no answer. You seem to have no problems with long posts, so maybe just “Your question re: is irrelevant to this discussion because…”.
Also, I’ve got good background on your legal take on hockey, but are you a fan of the game? I do believe your “ragging the puck” metaphor was the first and only hockey-ism I’ve seen you write!
by William Daniels on Aug 4, 2009 3:10 PM CDT up reply actions 0 recs
Yes, he is a fan. Oddly enough, Gerald and I agree about almost everything concerning the game on the ice. In particular, we’d both like to see fighting done away with. It’s the off the ice stuff where we part ways.
by J. Michael Neal on Aug 4, 2009 3:29 PM CDT up reply actions 0 recs
William, I certainly wasn’t dodging any questions on purpose. I try to answer where people ask me my views. If you can point them out, I will answer them.
About my approach, I am not serving as anyone’s counsel here. I am off the clock. I find it a little odd that someone would query my legal professionalism on the basis of my hockey board commentary. I agree though that I let myself get too bogged down in back and forth with Michael. It seems neither of us are all that good at letting these things go.
I am a Habs fan for 35 years. I usually comment only on topics where I perceive a staleness of thought, such as hockey business, fighting, etc. As far as hockey debates, I have my flesh and blood friends with whom I can do that (and we do frequently, there being not a single other Habs fan among them).
by Gerald on Aug 4, 2009 10:47 PM CDT up reply actions 0 recs
Hey Gerald:
“About my approach, I am not serving as anyone’s counsel here. I am off the clock. I find it a little odd that someone would query my legal professionalism on the basis of my hockey board commentary.”
What I meant to say was that when you say to JMN:
“You are some minor accountant – only a few years removed from school, I would bet …”
It reads to me that you have compared yourself as an experienced lawyer to him as what you perceive as an inexperienced accountant.
When I say:
“Why stoop to personal shots? I don’t find that to be a very professional approach. I wouldn’t find that acceptable in my lawyer.”
I mean that I hold highly regarded professionals in our society, like lawyers and doctors for example, to a higher standard.
I found this in the “Rules of Professional Conduct” section of “The Law Society of Upper Canada”:
‘…“conduct unbecoming a barrister or solicitor” means conduct, including conduct in a lawyer’s personal or private capacity, that tends to bring discredit upon the legal profession…’.
To me, stooping to personal shots on a public internet board is an example. I just think you don’t need to do that, and it detracts from your posts.
(“You are some minor accountant…” is a very mild example of what I mean.)
I really enjoy your posts because they help me to understand the legal ins-and-outs of hockey.
I just would rather not have to (as yrmom said) “ignore your tone and focus on your points…”.
I hope that explains better what I meant.
As I said in my shoutout to you, JMN and the other regulars on FTR, I am in awe of the time and effort you put into your postings and I appreciate them very much.
I’d be a regular reader of your board if you started one.
I hope you post your thoughts on the Habs for the upcoming season when JM has his season preview articles.
WD
by William Daniels on Aug 11, 2009 4:26 PM CDT up reply actions 0 recs
Quite frankly, sir, I don’t appreciate your attempt to lecture me on the Rules of Professional Conduct. I am quite familiar with the Rules, sir; I need no advice from you in that regard, nor do i need your incorrect interpretations thereof.
This is certainly not the place for a lengthy discussion of the Rules of Professional Conduct of the LSUC, but suffice to say that the Rules do not prevent the questioning of someone’s credentials on a professional hockey site, whether or not such questioning is either pointed or (in your judgment) impolite.
Since you are presenting yourself as a more experienced person with some experience interacting with lawyers, I would imagine that you fully understand the importance that lawyers place on their professionalism, and that when you question it, you attack that which is most important to them. Hopefully you can understand the above push-back to your post in that context. Hopefully you will refrain from this topic any further.
Thank you for the other comments. I try to help.
by Gerald on Aug 15, 2009 8:46 AM CDT up reply actions 0 recs
Hey Gerald:
I apologize without reservation.
No offense was ever intended.
I realize that ignorance is no excuse, but hope that ineptitude is.
(As an aside, I am constantly intrigued by the evolution of language: “push-back” in this context needs no explanation, of course; but it fascinates me that it’s also, for example, an airport procedure…we live and learn.)
by William Daniels on Aug 17, 2009 3:57 PM CDT up reply actions 0 recs
As to the rest of your rubbish, they have the contractual obligation of a company (Reinsdorf’s) that is not bankrupt. Are you missing this somehow? Secondly, Reinsdorf has to pay the cure amounts; that is not a mere assumption of debt.
I’ve now read the Purchase Agreement. It says that the Buyer assumes the liabilities. It also clearly states that the Buyer is Glendale Hockey, LLC. Not Jerry Reinsdorf. Not any company that Reinsdorf owns that has significant other assets. Saying that they would be owed by a Reinsdorf company that isn’t bankrupt is true, but doesn’t actually address my question. I’ll try again:
Are the debts being assumed by an entity with sufficient assets to cover them, or does it attach no higher up the chain, in which case, they aren’t in any way guaranteed.
by J. Michael Neal on Aug 3, 2009 4:36 PM CDT up reply actions 0 recs
They would be assumed by Reinsdorf’s entitty as part of the court order which would assign all of the team assets to that entity. They are accordingly “guaranteed” to the exact same extent as they were when the debts were incurred, with the same level of assets – a lot more, actually, as Reinsdorf will be injecting operating capital into the company (unlike Moyes, who withdrew from the franchise).
By the way, re-read the thread. You were the only one talking about them being “guaranteed” – not me. I simply stated that they were assumed by the new team owner, who is not bankrupt. This is more than adequate in any bankruptcy. Do you think that bankruptcy sales only happen when a new entity comes in that has personal guarantees of the new owner? Let me answer that for you – they don’t. Ordinary unsecured creditors are more than happy if a solvent company who wants to continue the business comes in and assumes their liabilities.
by Gerald on Aug 3, 2009 6:30 PM CDT up reply actions 0 recs
This, however, is very different from a cash bid that goes ahead and pays the creditors.
by J. Michael Neal on Aug 3, 2009 7:44 PM CDT up reply actions 0 recs
100% Cash >>> promises to pay, no doubt.
100% cash not an option, though.
Which % cash is still > promises to pay? That is a business judgment based on the exact % and the quality of the promising party, and the creditor’s particular need for cash.
by Gerald on Aug 4, 2009 9:12 AM CDT up reply actions 0 recs
Subsidy
That’s a subsidy.
Contributor to The Copper & Blue, and leader of The Cult Of Hartikainen.
by Derek Zona on Aug 3, 2009 1:00 PM CDT up reply actions 0 recs
James, regarding the suggestion that Reinsdorf and the City have been negotiating since February:
While I suspect the negotiations started then, if not sooner, I seriously doubt that there was much progress from when the bankruptcy was filed in the beginning of May until mid-June, when the court shot down JB’s and Moyes’ original sale motion.
As an aside, there is a significant risk that Moyes and counsel may be found guilty of contempt of court today. They disclosed the above City information in their pleading in the face of a court order that the discoveries be held on a completely confidential basis. That is a pretty big no-no, and the City has filed a position in this regard.
by Gerald on Aug 3, 2009 11:41 AM CDT reply actions 0 recs
Wouldn’t the bankruptcy filing push negotiations along? Isn’t the city then more interested in getting a deal done? Or does the fact that a lot of the information would be disclosed because of the court proceedings scare the city off?
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 3, 2009 12:08 PM CDT up reply actions 0 recs
It would also be a question of resources. I expect that the City would have all of its legal resources dedicated to the bankruptcy filings and strategies. No point in negotiating with Reinsdorf (or anyone, for that matter) if the issue is moot (this would apply to Reinsdorf as well).
The bankruptcy would scare Reinsdorf off more than the City, I would think.
by Gerald on Aug 3, 2009 12:43 PM CDT up reply actions 0 recs
Sorry, I don’t buy that. The NHL has put its weight behind the Reinsdorf offer from day 1 and the City of Glendale has immense interest in negotiating a new agreement. Reinsdorf had to be put under a lot of pressure from both the NHL and the City to negotiate something. If Reinsdorf responded to that pressure by saying ‘lets see what happens with the Balsillie bid first’ then clearly he didn’t have much interest in buying the team and based on the fact he hasn’t negotiated a deal with any of the major stakeholders (city, SOF, NHL, etc.) that seems to be the case.
by HockeyAnalysis on Aug 3, 2009 12:47 PM CDT up reply actions 0 recs
Putting aside your inexperience with marshaling legal resources, let me put it in laymans’ terms. Why would Reinsdorf spend hundreds of thousands of $ on legal fees for a transaction in respect of which he might not even be allowed to bid? More to the point, who would he negotiate with? The city is certainly not going to spend money on a bid which might not be heard. The City’s first and foremost priority has been to ensure that the court respects and upholds its lease and its liquidated damages. The city would not be putting pressure on Reinsdorf at that time, at least in terms of dedicating legal resources to finalizing it. The priority of defending its position in Baum J.’s court is first. At best, they might be ragging the puck a little bit on that front, to put it in hockey terms, but that is it.
by Gerald on Aug 3, 2009 1:14 PM CDT up reply actions 0 recs
I don’t appreciate you belittling my opinion or my lack of experience (you have no clue who I am or what my experience is) but if it makes you feel superior to me and puts a smile on your face, go ahead.
As for risking a little money on the hope of getting something you really want, people do it all the time. Jim Balsillie lost $1 million in a non-refundable deposit on his bid for the Penguins plus all the legal fees and resources he put into it. If Reinsdorf really wanted this team, and not just a chance to make a buck on a transaction, a deal would likely have been done by now.
Yes, defending position in Judge Baum’s court is of utmost importance but in the NHLs case, and to a large extent in the cities case, a primary basis of their argument was that we shouldn’t consider Balsillie’s offer when we have the Reinsdorf offer out there. I simply cannot believe they all sides would simply stop negotiation desperately awaiting Judge Baum’s decision.
by HockeyAnalysis on Aug 3, 2009 1:54 PM CDT reply actions 0 recs
Sorry, replied using the wrong form. That should be under Gerald’s post starting with “Putting aside your inexperience…”
by HockeyAnalysis on Aug 3, 2009 1:55 PM CDT up reply actions 0 recs
As for risking a little money on the hope of getting something you really want, people do it all the time. Jim Balsillie lost $1 million in a non-refundable deposit on his bid for the Penguins plus all the legal fees and resources he put into it. If Reinsdorf really wanted this team, and not just a chance to make a buck on a transaction, a deal would likely have been done by now.
(Bold added)
It may have come out a decade ago when this whole thing started (it certainly seems like it’s been going on forever), but does anyone remember WHY Reinsdorf supposedly wanted the Coyotes? He has two teams doing quite well in Chicago right now – does he just want to lose money on a southwestern hockey team, or is he looking at getting into the real-estate development that is attached to the rink (since every rink has an entertainment/retail/commercial development attached now)?
At the time he didn’t seem very enthusiastic at all, and I wondered if he was just interested in it because he might have gotten assurances from the league that he’d be able to flip it easily if he went along with them – Leipold certainly had a soft landing in Minnesota after he unloaded the Predators.
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 3, 2009 2:31 PM CDT up reply actions 0 recs
At the time he didn’t seem very enthusiastic at all, and I wondered if he was just interested in it because he might have gotten assurances from the league that he’d be able to flip it easily if he went along with them
Im guessing the NHL is so invested in ensuring that the bids it favors wins, that it will be willing to sweeten the pot in any legal way it can. Does it have to guarantee the buyer access to cheap credit ? A certain cut of future (expansion) revenue? Guarantee the buyer access to more flexible terms of ownership? The question I’ve had from day 1 has been – at what point is the NHL unable to sweeten the pot anymore? At what point do the member teams say enough is enough – we’re done propping up the franchise because the cost to us is outweighing the benefits?
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 3, 2009 3:39 PM CDT up reply actions 0 recs
If truly the other 29 owners (or the majority of them) are anti-JB, as the unanimous vote to turn down his offer tend to indicate, then it might be a while before ‘enough is enough’.
by Habs on Aug 3, 2009 3:51 PM CDT up reply actions 0 recs
You’re probably right that there won’t be a coup any time soon, but Im not sure we should read “unanimous” as “all 30”. As far as I can tell from the NHL governing documents made public (Constitution and Bylaws), only require a majority of the Board of Governors to be present at a meeting to make a quorum. [See Constitution, Section 5.9]. Once a quorum is present, the actions of a majority of the members present and voting is the action of the members, unless a greater vote is required. See Constitution, Section 5.16. That gets us to Section 3.5 of the Constitution, which states that no membership of ownership interest can be sold or transferred unless 3/4 of the members of the League consent (23 teams). You could actually have a meeting of the Board where there are 23 members present – and “unanimously” rejected Balsillie.
And all the articles I see on the meeting talk about the bidders meeting with the Executive Committee – which presumably is a smaller group and has power to recommend actions to the full Board of Governors. If the bidders met with the EC only, then it was those teams that gave Balsillie the grilling. The EC vote could have been unanimous, and the full Board vote not. Very often in corporate board worlds, when there is a powerful EC, the Board rarely goes against the EC’s recommendations. Or, more likely, it could be a situation where the vocal majority on the Board silenced the minority. I see it happen all the time in the Board rooms I work with – people who want to vote against the crowd decide not to do so, or vote with the clear majority so as not to stand out.
Unless someone produces the minutes of these meetings, I take all the language with a grain of salt. And you can bet that the League is carefully wording all of these actions – fully expecting to be taken to court on each decision.
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 3, 2009 9:03 PM CDT up reply actions 0 recs
By the way, according to the court filings, it was 26 voting no, three abstentions and one absent (Moyes, I assume).
by Gerald on Aug 4, 2009 9:15 AM CDT up reply actions 0 recs
Is it still technically legal for the NHL to announce that it was ‘unanimous’ when in fact it was 26 on 29 for?
by Habs on Aug 4, 2009 10:43 AM CDT up reply actions 0 recs
Yes. That is the way abstentions work. Technically, when you are describing a vote, you are describing the votes that were cast. In abstaining, the voter is not casting a ballot either way. For example, when I am doing Board of Director minutes, if there is an abstention but all others vote one way, i will describe a vote as “unanimous, one abstention”.
That being said, for those who wish to rail against the NHL (not you, but others), that will be chalked up as another lie.
by Gerald on Aug 4, 2009 10:51 AM CDT up reply actions 0 recs
Fair enough. Of course the NHL will try to word things to its advantage, but it can hardly be blamed for that.
by Habs on Aug 4, 2009 10:53 AM CDT up reply actions 0 recs
would be interesting to know who the abstentions were!
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 4, 2009 11:55 AM CDT up reply actions 0 recs
Probably Atlanta, Florida, and the Isles.
2008-2009 Colorado Avalanche: Dry Humping Mediocrity
by Mike @ MHH on Aug 4, 2009 1:29 PM CDT up reply actions 1 recs
I was thinking about that, too.
FLA probably, since it is in the midst of a sale.
Perhaps MTL as well, for the same reason; Gillett took part in the questioning, but he could do so without being required to vote. Abstention does not mean that you are not allowed to participate in the discussion (except where an abstention is for reasons of conflict of interest).
Of course, TB may not have been able to figure out who could vote, so maybe they abstained. Tee hee.
by Gerald on Aug 4, 2009 1:45 PM CDT up reply actions 0 recs
Likely that the guarantees will have to come from the other NHL owners, though. If they are counting on cities to cough up a lot of free money (not just Glendale), they may be out of luck. More and more municipalities can’t meet their existing needs as it is, and sports definitely fall into the category of a frilly luxury. At what point do they decide that the big payoff from expansion is never going to come, and just figure that they are all better off losing a financial anchor even if they don’t get a lot of money in return.
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 3, 2009 4:10 PM CDT up reply actions 0 recs
Cities coughing up money
Baroque I think this is exactly what Reinsdorf’s bid is counting on because this is the model that the NHL followed when it was succuessful at heading Balsillie off in Pittsburgh and Nashville.
In Pittsburgh the state came up with money by marrying the new arena with gaming to get a building. In Nashville, the city granted lease concessions/subsidies but the figure was no where close to what they’re talking about in Glendale (we’re talking a couple million a year).
The problem now is that there is a recession and it will be much tougher for a city to come up with money. Again, it stands to reason that this is part of why the Goldwater Institute is now involved.
One other thing though that stands out is whether anyone is surprised by how hard Moyes is fighting this – since he stands to lose the most if Reinsdorf’s deal is accepted. Whether he then leaked the info on the status of the subsidy Reinsdorf was seeking we don’t know (yet) is not known. It’d be very dumb on his behalf (if you’re caught, you’re digging your own grave). If it was someone else who’s upset by the amount the city’s being asked to give up, they’re doing a great job of trying to embarrass Glendale.
And I did make one mistake earlier on the amount of the subsidy, so sorry to those offended. It’s starts at $23 million and then after a certain amount of time the amount goes down. But whether you call it a tax surcharge or fee, it still amounts to the city subsidising hockey.
by oilerdago on Aug 3, 2009 5:10 PM CDT up reply actions 0 recs
About the Reinsdorf leak, that is beyond dispute, as the offending information was set forth in the actual court filings of Moyes themselves. As you correctly state, “very dumb”.
About the money you refer to above, one could make an argument that the consumers in the “special tax district” (i.e., the Westdale development) will be “subsidizing” hockey (although I am sure there are counterarguments that hockey was subsidizing Westdale in the past for a while), but I don’t know if you could say that about the City per se. Consumers who don’t buy stuff in the special tax district won’t pay a thing.
by Gerald on Aug 3, 2009 6:07 PM CDT up reply actions 0 recs
One of the issues coming up in that regard is that the football stadium is in the same district. Fans of that team, which is far more popular, aren’t going to like footing the bill to keep the Coyotes afloat.
Blogging on hockey at fromtherink.com
by James Mirtle on Aug 3, 2009 7:21 PM CDT up reply actions 0 recs
People will go a long, long way to save paying taxes – even when it doesn’t make much sense and they burn more in gas to drive farther to fill up a gas tank where the gas is $0.03 cheaper a gallon. If they know if they buy something in a particular area it will cost them another 5% or whatever in taxes, they will buy somewhere else or get it online when they get home. I can’t see retail establishments in the district being happy about that.
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 3, 2009 7:38 PM CDT up reply actions 0 recs
See also: California.
2008-2009 Colorado Avalanche: Dry Humping Mediocrity
by Mike @ MHH on Aug 4, 2009 1:30 PM CDT up reply actions 0 recs
The CEO of the Cardinals certainly agrees with point of view.
As an aside, when I was following Brahm Resnik’s Twitter feed this afternoon, I noticed he’d linked this piece from the Phoenix New Times. Worth a read.
by Robert Cleave on Aug 3, 2009 7:39 PM CDT up reply actions 1 recs
thats a great article, and not the least bit surprising.
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 3, 2009 8:23 PM CDT up reply actions 0 recs
That is an interesting article – thanks for the link.
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 3, 2009 9:12 PM CDT up reply actions 0 recs
The problem now is that there is a recession and it will be much tougher for a city to come up with money. Again, it stands to reason that this is part of why the Goldwater Institute is now involved.
That’s what I wonder about. There is a lot of debate in a community when the basic needs seem to be met between people who want a team to bring in jobs, or civic pride, or whatever and people who don’t want their tax money to go to someone who is already rich and they think can build his own rink or stadium or ballpark.
Now, cities are squeezed by dropping tax revenues at the same time they have more people who need aid for paying utilities, trying to keep their home, getting enough food or medicine … the stakes are much higher now.
"Be kind, for everyone you meet is fighting a great battle." -- Philo of Alexandria
by Baroque on Aug 3, 2009 6:37 PM CDT up reply actions 0 recs
Poploser, in referring to a cut of expansion revenue, is it safe to assume that you are referring to a greater percentage than 1/30?
by Gerald on Aug 3, 2009 6:09 PM CDT up reply actions 0 recs
yes, if thats possible. my point is simply that I wonder how far the NHL would go to ensure that its “rules are followed”. If the Reinsdorf negotiations do not get him (or his buying entity, whatever) to where he’s comfortable with the cost/benefits, whats to stop the NHL from giving them a significant perk to assume some of the risk?
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
http://twitter.com/ThGeneralissimo
by poploser on Aug 3, 2009 8:25 PM CDT up reply actions 0 recs
Technically, any ‘perk’ given to Reinsdorf (assuming it’s financial in some way), comes from the NHL’s budget, which is pretty tied to the 29 other owners. So until where do the owners agree?
For example, giving Reinsdorf a higher share of future expansion fees. Any amount for him is money not going to the other owners, so I think you’d have to give them some seriously good reasons to get that approved…
by Habs on Aug 3, 2009 8:32 PM CDT up reply actions 0 recs
Fair point, David, and I apologize without reservation. I do not agree with the substance of your comment or your follow-up, but my own comment was completely unnecessary. Reasonable people can disagree without being disagreeable.
by Gerald on Aug 4, 2009 9:24 AM CDT up reply actions 0 recs
Notwithstanding my “inexperience with marshaling legal resources,” there is nothing “voluntary” about a retail tax unless someone can explain to me how a retail tax can be voluntary – other than I can choose NOT to buy something that carries that tax.
A tax that is directed to a business is a subsidy.
I “might have bitten off more than I can chew” but I don’t need a Harvard Law Degree or experience with “billion-dollar” deals to understand what “subsidy” means.
by garth the hoser on Aug 4, 2009 2:06 AM CDT reply actions 0 recs
I assume the voluntary aspect is on the part of the retailers. Part of the Goldwater disclosures (or elsewhere I have read) have involved disclosures of the City meeting with Steve Ellman. I imagine that he, as the developer, can impose that on his merchants (other, perhaps, than the ones there now).
It would seem nonsensical to suggest that it would be voluntary on the customer’s part, but I am no sales tax expert. I will ignore the rest of the shots.
by Gerald on Aug 4, 2009 9:21 AM CDT up reply actions 0 recs

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