(b) Group 4 Free Agents.
(i) Definition of "Defected Player." For purposes of this
Agreement, "Defected Player" means any Player not
unconditionally released:
(A) who, having had an SPC with a Club, the provisions of
which, including the option clauses in a 1995 SPC, have
not been completely fulfilled, contracts for a period
including any part of the unfulfilled portion of his SPC,
with a club in a league not affiliated with the NHL or with
any such league (both of which are hereinafter referred to
as an "unaffiliated club") or with any other professional
hockey club to the exclusion of the said Club or its
assignee; or
(B) who, never having been under contract to any Club, but as
to who the NHL negotiation rights now or at any time
hereafter shall reside in any Club, has contracted or shall
contract with such an unaffiliated club.
(C) A Player who plays out his final season, or option season
pursuant to a 1995 SPC, as the case may be, and enters into
a contract for a period including the following season with
an unaffiliated club or with any other professional hockey
club shall not be deemed to be a "Defected Player";
provided, however, that nothing contained in this Section
shall be construed to affect the rights of said Club to
compensation, if applicable, pursuant to this Article 10 in
the event that said Player should subsequently enter into an
SPC for his services as a professional hockey player with
another Club of the NHL.
(ii) Free Agent Status.
(A) Any such Defected Player shall be deemed to have become
a free agent within the meaning of this Agreement, when
one of the following conditions (1), (2), (3), (4) or (5) and
condition (6) have occurred.
(1) the Player, having become a Defected Player
pursuant to Section 10.2(b)(i)(A), has become free
of any obligation to such unaffiliated club(s) or such
other professional hockey club(s) during the playing
season by reason of its default or the dissolution of
its league and has not, prior to fourteen (14) days
thereafter, entered into a valid SPC for a period
which includes the current and/or following season,
for his services as a professional hockey player with
the Club with which he was last under SPC; or
(2) the Player, having become a Defected Player
pursuant to Section 10.2(b)(i)(A), has become free
of any obligation to such unaffiliated club(s) or such
other professional hockey club(s) during the off
season and has not, prior to sixty (60) days
thereafter, entered into a valid SPC for a period
which includes the current and/or following season
for his services as a professional hockey player with
the Club with which he was last under SPC; or
(3) the Player, having become a Defected Player
pursuant to Section 10.2(b)(i)(B) and having played
no more than two (2) full seasons with an
unaffiliated club(s), has become free of any
obligation to such unaffiliated club(s) during the
playing season by reason of its default or the
dissolution of its league and has not, prior to
fourteen (14) days thereafter, entered into a valid
SPC for a period which includes the current and/or
following season for his services as a professional
hockey player with the Club which last had the
NHL rights to negotiate with such Player; or
(4) the Player, having become a Defected Player
pursuant to Section 10.2(b)(i)(B), and having played
no more than two (2) full seasons with an
unaffiliated club(s), has become free of any
obligation to such unaffiliated club(s) during the off
season and has not, prior to thirty days thereafter,
entered into a valid SPC for a period which includes
the current and/or following season for his services
as a professional hockey player with the Club which
last had the NHL rights to negotiate with such
Player; or
(5) the Player, having become a Defected Player
pursuant to Section 10.2(b)(i)(B) and having played
more than two (2) full seasons with an unaffiliated
club(s), has become free of any obligation to such
unaffiliated club(s); and
(6) the Commissioner makes a determination (which
shall be made as promptly as feasible) that he has
reason to believe that the conditions described in
subparagraphs (1), (2), (3), (4) or (5) have occurred,
that he has ascertained the date upon which such
Player became free of obligation, and that the
Player falls within category (A) or (B) of Section
10.2(b)(i) above, by placing such a Player's name
on the Free Agent List (Defected Players) issued as
of such time or any amendment of such List, which
List, except for the date thereof and except for its
application to Defected Players, as defined herein,
shall otherwise be issued substantially in
accordance with Exhibit 3.
...
(vi) Right of First Refusal, No Draft Choice Compensation.
(A) In order for a Prior Club to obtain a Right of First Refusal
for any Group 4 Player who has signed an Offer Sheet, the
Prior Club must offer to such Player, in accordance with
Exhibit 3 hereto, a Qualifying Offer on or before 5:00 p.m.
New York time on the later of June 25 or the first Monday
after the Entry Draft of the year he becomes a Group 4 free
agent. Such Qualifying Offer must be for at least the
Minimum Paragraph 1 Salary and if the Player meets the
qualifications for being in the Entry Level System, an SPC
for a term corresponding to the Player's age as required
under Section 9.1(b) or otherwise one-year SPC.
(B) Provided such Qualifying Offer has been made, the Prior
Club shall have a Right of First Refusal in respect of any
Offer Sheet received by such Player from a New Club, as
per the terms set forth in Section 10.3.
(C) Notwithstanding any provision to the contrary contained in
this Agreement, the Prior Club is not entitled to Draft
Choice Compensation for the loss of a Group 4 Player.
