(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 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 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.
He's a defected player, according to subsection B. He was never under contract to us but we hold his rights, and he signed with an "unaffiliated club" which would include KHL teams. He's a defected player. I think it's pretty clear. You don't have to sign and then leave to be defected. It's section 10.2 of the CBA.