Well that's part of the issue. If it were 9% or less, the sale could have gone through. It has not, and COG is on the defensive, citing that they would need to spend millions more [$100m per MH] than would be the case w/o GWI's presence.
That tells me there was a market, but it could only be more than 9%. How much more is open to conjecture. Thus, where there are the two options, 1) >9%, or (2) no buyers, I conclude that there were buyers but the amount required couldn't be justified by COG. Hence the part about, to paraphrase, needlessly costing the taxpayers more than would be otherwise possible.
I'll throw my speculation into the mix. I preface this by acknowledging this is in part based on media reports that I am prepared to consider accurate. Nothing stated here, no matter how it is phrased, should be mistaken as the presentation of fact.
- The NHL is actively promoting the bond sale and it's reasonable to think they can successfully find a small handful of investors to buy the bond at a lucrative interest rate.
- It makes no difference what that interest rate is. Glendale (ie- Scruggs, 3 Council Members) have already sold themselves for this deal. They will support any amount if the result is keeping the team.
- The lawsuit against Goldwater is likely a loser. Glendale is likely aware of that. However, filing such a claim would be a significant chip to play politically. Assuming the NHL finds the investors and Glendale eats the interest, when the bill comes due and Glendale has no means to pay, Scruggs & Co. can point at Goldwater and their attempt to prevent the higher interest rate by legal action.
- Goldwater's suit for violation of Gift Clause, if filed, is also likely a loser. Goldwater is likely aware of that. However, much like Glendale, Goldwater has gone too far down the road to abandon their position. While they may never file a complaint, they are unlikely to respond to Glendale's litigation threat by surrendering.
Or in summary, the NHL will facilitate the sale of the bonds at a insane interest rate; Glendale will eat the extra cost and turn around and sue Goldwater; they'll lose the suit but use the filing to protect their political lives; Goldwater will not file a claim for Gift Clause violation.
And if I'm wrong... sue me!