Blues10 said:
It is my understanding that the NHL has 8 years remaining on a 10 year lease for jobing.com that it had previously agreed to with the COG. The lease carries no AMF but the braintrust at the COG negotiated where as the lease is solely renewable at the NHL's discretion and the COG has no recourse to boot the NHL out for 8 more years.
I think if you track the agreements involved, you'll arrive at a different conclusion:
Nov 2001: Arena Management, Use, and Lease Agreement (AMULA)
Nov 2009: Partial Lease Assignment Agreement (PLAA)
May 2010: Arena Management and Operations Agreement. (AMOA)
June 2010: Agreement of Management, Use, and Lease (AMUL)
In 2009, the NHL bought the team out of BK. The NHL Asset Purchase Agreement did not accept the terms of the Moyes AMULA. Instead, the NHL and Moyes entered into the PLAA where the league accepted some of the terms but not the Team Use Covenant. The Coyotes played 2009-2010 season under the PLAA.
In May 2010, the NHL and Glendale signed the AMOA. In that agreement, Glendale gave the NHL a fee of up to $25MM to keep the team at Jobing.com for the 2010-2011 Season. Section 5.3(b) stated that if Moyes rejected the AMULA in BK, then the NHL and Glendale would have to enter into a lease agreement because you can't partially assign a rejected contract, so the PLAA would lose its usefulness.
The debtors rejected the AMULA in BK (Separate topic: estimating and capping claims in BK, Glendale's claim in BK, Loss Event, etc).
In June 2010, the NHL and Glendale entered into the AMUL. The AMUL excludes elements of the AMULA that would require the NHL to keep the team in Glendale for the remaining portion of the AMULA 30-year term.
In May 2011, the NHL and Glendale agreed to extend the AMOA and AMUL to play the 2011-2012 season at Jobing.com. As consideration for extending the AMOA, the NHL received a second payment of up to $25MM. As consideration for extending the AMUL, the NHL received the sole right to extend the AMUL a period of up to 10 years.
You can find some of the agreements here:
http://www.azcentral.com/ic/pdf/0509draft.pdf
The order they are presented is: AMOA Amendment; AMOA; AMUL; AMUL Amendment.
The NHL and Glendale seem to have been tolling the agreements since June 2012. When they extended there was usually a sentence about it included in larger stories about the team, like
this and
this. I don’t think that means the NHL exercised the Extension Period from the AMUL. But, the extensions from June 2012 to present were not published and I haven't seen them, so I don’t know that to a certainty. I imagine the NHL could use the AMUL Extension Period if Glendale attempted to throw them out of the arena. I do not believe Glendale would actually do that.
Fugu said:
Are they under the impression that COG could file a suit since the original lease between the city and Coyotes was 30 years--- with substantial fines if the team is moved. I'm not sure what other suit there could be.
There are references to the NHL’s right and ability to relocate the franchise throughout the AMOA and AMUL, so it would seem strange for Glendale to sue the league after the city signed those agreements... and then extended them. It does not seem like Glendale has any valid claim against the league. In several recitals, the city even lists the NHL not relocating the team as bargained for consideration and justification for the $25MM fee cap. It would be bizarre for the city to now believe they could successfully claim the league is not entitled to move the team. I don't see how that case could be built but I defer to the reporters if they say it's a concern.