Balsillie puts in $212.5 mil offer for the Coyotes

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Yeah, that's all well and good, but the NHL has removed Moyes has from all positions of authority with the Coyotes. The league is also reported to be displeased with Balsillie's offer, as per TSN

I wouldn't be at all surprised to eventually learn that Balsillie made the announcement about his deal pre-empting (somewhat) other offers to be tabled that might be "better" (in the league's POV) based on keeping the team in Glendale.

(It seems like he wants the world to know his actions rather than follow the normal form of "how business is done in the NHL" and consequently has ruffled a lot of feathers.)
 
More to the point, the league may not actually agree to the assignment, and there may be nothing the court can do about it.

There is a common misperception among non-lawyers that bankruptcy courts can simply step in and re-write contracts willy-nilly. Such is not the case. What they CAN do is allow the bankrupt party to repudiate (cancel, or terminate without penalty, in other words) certain contracts. In the US, the types of contracts are defined by both case law and statute. The types of contracts are union collective agreements (by statute) and what are called "executory contracts". Executory contracts are essentially contracts where the performance of obligations are as yet unfulfilled and which obligations by their nature are extended. The classic example, of course, is a lease (which fits the criteria that I just mentioned). A franchise agreement would be another one, although certainly Phoenix would not be seeking to repudiate THAT one!

What the courts cannot do is to rewrite the terms of a contract so as to give more value to it than it has. For example, they cannot take a contract that a bankrupt company has with a third party to manufacture and sell 100 widgets a year for the next five years and decide to unilaterally extend it for ten more years, in order to allow the company to sell that contract for money to pay its creditors. A bankrupt estate cannot take a lease (such as Glendale's lease) and unilaterally reduce the term of the lease from thirty years to two (for example) to increase the value of the team (although they can terminate it, as noted above).

And, unless my reading of bankruptcy law is all wrong and US bankruptcy law has no sense, the bankruptcy court cannot maintain the franchise agreement but rewrite the terms of the agreement by unilaterally deleting the contractual rights of a non-bankrupt party (the NHL) to approve of an assignment of the franchise agreement.
I wonder if Phoenix has FOIA statutes that would allow someone from the state to request a copy of the franchise agreement. That would be interesting reading.
 
Oh, I agree. I doubt you would see the Coyotes field a team in Expos mode. You might see the NHL owned team participate in the draft/free agency, though, something the Coyotes might not be able to do if Balsillie is awarded the team in court but is not yet approved as the owner by the BoG.

that's an anti-trust lawsuit. the league will do no such thing, if they're going to do that, they might as well melt the team down and still face the anti-trust lawsuit anyway. if you're going to act out of spite, do it all the way
 
I wouldn't be at all surprised to eventually learn that Balsillie made the announcement about his deal pre-empting (somewhat) other offers to be tabled that might be "better" (in the league's POV) based on keeping the team in Glendale.

(It seems like he wants the world to know his actions rather than follow the normal form of "how business is done in the NHL" and consequently has ruffled a lot of feathers.)

Well the Chapter 11 filing is a public document the moment it's filed, so it's not as though he did some grandstanding here.

I hate the whole "how business is done" stuff. That's how the NHL had Bill Wirtz, Jeremy Jacobs, Jon Ziegler and Alan Eagleson running the league together for 20 years like their own little cabal.
 
that's an anti-trust lawsuit. the league will do no such thing, if they're going to do that, they might as well melt the team down and still face the anti-trust lawsuit anyway. if you're going to act out of spite, do it all the way
You're not getting this, Guy. Spite has precisely nothing to do with this. I know some people always try to compare this stuff to squabbling, egos and stuff like "spite", but this is simply business, I assure you.
 
that's an anti-trust lawsuit. the league will do no such thing, if they're going to do that, they might as well melt the team down and still face the anti-trust lawsuit anyway. if you're going to act out of spite, do it all the way
Are you an anti-trust lawyer?

I'm having a hard time seeing who is the injured party.

The NHL has a clear, undisputed right to deny ownership transfer. They've done it numerous times.

Moyes has apparently forfeited his ownership control of the team. If the NHL, as the controlling owner, folds the team, who has standing to sue them?

Balsillie, because he really really wanted it and the mean old NHL wouldn't sell to him?
 
Well the Chapter 11 filing is a public document the moment it's filed, so it's not as though he did some grandstanding here.

I hate the whole "how business is done" stuff. That's how the NHL had Bill Wirtz, Jeremy Jacobs, Jon Ziegler and Alan Eagleson running the league together for 20 years like their own little cabal.
"How business is done" comments don't have anything to do with Eagleson type shenanigans.

There is a certain way of doing business whenever you are making an investment with others in a joint venture.

Putting together a website and asking for grassroots support as if you were a politician is not any way of doing business that I have ever encountered. Speaking as a businessman and lawyer who has negotiated lots of JV's, it is nothing short of bewildering. If I didn't know better, I would think this was all an elaborate set-up (with JB's cooperation) to get concessions from the City (I don't, for the record).

Assuming this is JB's doing and not a set-up, if I was Daly or Bettman I would be laughing my butt off at the website thing, in between bouts of anger at Moyes trying to stab them in the back.
 
I ask again, is the consensus here that the team will remain where it is? I'm not a lawyer, I don't pretend to understand the complexities of anti-trust and bankruptcy law... I just want someone to tell me what the most likely scenario here is.
 
I ask again, is the consensus here that the team will remain where it is? I'm not a lawyer, I don't pretend to understand the complexities of anti-trust and bankruptcy law... I just want someone to tell me what the most likely scenario here is.
It's too early. Wait to see what happens Thursday. If the NHL successfully convinces the judge that Moyes had no authority to file, then it's done and the team will be in Phoenix, at least not in Balsille's hands. If not, it's much more up in the air.
 
I ask again, is the consensus here that the team will remain where it is? I'm not a lawyer, I don't pretend to understand the complexities of anti-trust and bankruptcy law... I just want someone to tell me what the most likely scenario here is.

no one really knows and it is all speculation at this point. Due to the fact that the NHL was apparently left in the dark in regards to Moyes' plans, the NHL might flex some of it's legal muscle to interfere/influence the bankruptcy proceedings.
 
Are you an anti-trust lawyer?

I'm having a hard time seeing who is the injured party.

The NHL has a clear, undisputed right to deny ownership transfer. They've done it numerous times.

Moyes has apparently forfeited his ownership control of the team. If the NHL, as the controlling owner, folds the team, who has standing to sue them?

Balsillie, because he really really wanted it and the mean old NHL wouldn't sell to him?

if he was given the team and the NHL basically hindered his ability to field a franchise, that's an anti-trust lawsuit waiting to happen. as is killing off the franchise because he was given the team.

this is out of the normal realm of franchise sales now. it is very possible he will be awarded the team if it continues down this path.

and if Moyes acted out of turn, they should fold the franchise NOW. then maybe they'd have more of a leg to stand on.

but what it comes down to is that I can't see why folding a team is better than letting JB operate it, if he gets it through this process legally.
 
if he was given the team and the NHL basically hindered his ability to field a franchise, that's an anti-trust lawsuit waiting to happen. as is killing off the franchise because he was given the team.

this is out of the normal realm of franchise sales now. it is very possible he will be awarded the team if it continues down this path.

and if Moyes acted out of turn, they should fold the franchise NOW. then maybe they'd have more of a leg to stand on.

but what it comes down to is that I can't see why folding a team is better than letting JB operate it, if he gets it through this process legally.
I bet folding the Coyotes franchise, if the hearing Thursday does not go the NHL's way, is under consideration.
 
The ticket prices are going to be insane if they move to Hamilton even temporarily. If the team stinks then this team will lose just as much as money as the Coyotes are.

haha the Ti-cats(CFL) have been awful for years yet the stands are normally packed.
 
Here's why they don't want Balsillie to own the Coyotes. You could say 'well, if they don't want the team in Southern Ontario, they can just block it by majority vote, like the Canadian regulator said.'

But that's very tough. The NFL voted 22-0 to block the Raiders move from Oakland to Los Angeles, and they STILL lost the anti-trust lawsuit. Maybe the NHL lawyers will be better than the NFL's, but once Balsillie owns a team, it's going to be harder, legally, to keep him from moving into S.Ont.

Now, NO team wants another team to move to S. Ont, because it means that any other team could move into their territory without a vote. So they'll keep Balsillie out unless he agrees to NOT announce he's moving a team, and instead agrees to leave the team he's buying in place for a minimum period of time.
 
I think that it would be wise for the NHL to accept the offer unless there are other people who want to buy the team. The guy who use to own the Chicago Bulls is interested also.

But where will they play if they move? It takes 2-3 years to build an arena.

Copps Coliseum in Hamilton was built with the purpose of hosting an NHL team. It may not be up to snuff to hold an NHL team for the long haul anymore, without some modifications. But a team could work in there for the short term until a new rink was built, or major renovations were completed.

http://www.hecfi.on.ca/coppscoliseum/
 
Hats off to Balsillie !!

:handclap::handclap::handclap:


Too bad the NHL doesn't like to be embarrassed like this. I hold little hope he will be allowed to buy the team.
 
I really dont know why Bettman is so intent on keeping Balsille form owning a team and moving it to Canada? All 6 Canadian rinks have been packed to the rafters for quite a few games now. There is not a more passionate fanbase in the wolrd when it comes to hockey. The Maple Leafs have a huge fan base across the country, I just cant see a team in Hamilton taking all that much away from the Leafs gold mine. Not to mention it would be a bus ride rivialy created that would cut down travel exsenses as well as build even more passion for the game of hockey, in an area already full of it. No offense to the people of Phoenix who truly love the game, but its clear the team isnt working down there, something needs to be done. I would not be surprised to see another Southern team or 2 following the Coyotes bankruptcy route and at least one of them ending up in Winnipeg eventually to. Putting teams where there are hoards of passionate hockey fans is just good buisness if you ask me!
 
I bet folding the Coyotes franchise, if the hearing Thursday does not go the NHL's way, is under consideration.

They're not going to fold the team. That opens another can of worms with the PA.
Actually, I'll correct that, they're not going to fold the team until they do their due dilligence to find an owner, and if they ever did, they'd have an expansion team ready to go immediately. Obviously, they can't happen now. You need lead time and even a year really isn't enough.

The best case scenario for the NHL office is to get ownership of the team. Well, okay, fine. Now they need to make good with the creditors and that comes out of owners pockets. Get past that, you have the little problem of the floor, you were right, they won't be run like the Expos. So, you need to build a $40M roster. Out of whose pockets? And who covers the operating losses?

They're trapped. I don't think the best case scenario for the NHL office is necessarily the best case scenario for the BOG.
 
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