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LFC SOLD to NESV.

Re: Club Refinance Thread

this is from the telegraph, gives a decent amount of detail:



Liverpool chairman Martin Broughton and the other non-owner directors are understood to be ready to pursue advanced negotiations with one or both bids but met opposition from American co-owners Tom Hicks and George Gillett at the meeting.

An attempt to refinance the club by Hicks and Gillett is also understood to have been discussed and was rejected by Broughton and the UK-based directors.



The impasse means that the future of the club remains in the balance, with lawyers engaged by the non-owner directors said to be examining whether they have the power to sell the club against the wishes of Hicks and Gillett, who own 100 per cent of the equity.

NESV is part-controlled by John W Henry, a futures trading adviser whose fortune has been estimated at more than $600?million. Television producer Tom Werner is also a shareholder, as is the New York Times Company.

The provenance of the second bid is unknown, but both bidders are understood to be offering about £300?million. That is enough to cover approximately £280?million in loan and fees owed to Royal Bank of Scotland.

Neither bidder is willing to pay the Americans’ valuation of their equity in the club, and with Hicks and Gillett maintaining that their investment demands a return, they yesterday rejected both offers.

Relations between the owner directors Broughton, managing director Christian Purslow and commercial director Ian Ayre, and the American owners are understood to have almost completely broken down.

Sources have indicated that Broughton and his UK-based colleagues are content that both potential owners would mark a considerable improvement on Hicks and Gillett, and would satisfy the demand that new owners would be better guardians of the club’s image and future.

Crucially, both bidders are understood to be acceptable to RBS, whose loans to the club become due on Oct 15.

The Premier League is also understood to have been informed of the identity of the two new bidders, though neither has yet formally begun clearing the regulatory hurdles set out by the league.

The new bids come with Liverpool rooted in the bottom three after a dismal start to the season which has largely been blamed on the instability off the pitch.

The impending deadline of the RBS loan deadline has led to a series of increasingly fraught negotiations.

In August several potential bidders made their interest public, including Chinese sports marketing agent Kenneth Huang and Syrian businessman Yahya Kirdi. Neither could demonstrate that they had the funds to proceed and withdrew.

Last month Hicks attempted to refinance the RBS debt with Blackstone, but was told by Broughton and his UK-based colleagues that a leveraged alternative to RBS was not acceptable.

In June the non-owner directors also rejected an attempt to refinance the debt.

The future of the club may ultimately rest on the attitude of RBS, which is considering whether to refinance the Americans or force them out.

The bank is reluctant to take control of the club given the public-relations risks involved, but it is applying pressure to try and force the Americans to accept a sale.

Hicks and Gillett say they have added value to the club and that it is worth in excess of £400 million. With no bidder willing to meet their demands, though, the impasse continues to undermine Liverpool.
 
Re: Club Refinance Thread

[quote author=Rosco link=topic=41783.msg1189514#msg1189514 date=1286318688]
That document won\'t download for me. Do i need to sign up to the site Redshrek ?

But in general they do have the power to remove a director, there must be more to it though otherwise they would have done it ages ago. It can only be done at an AGM, or an EGM though and it\'s up to the Board to schedule them, reasonable notice must be given for a meeting amongst other things so they might be able to string it out until the deadline passes and fuck up the attempt.

Broughton has been left out presumably because there\'s a rock solid covenant in the latest extension agreement that makes him untouchable. I always presumed something similar exists in relation to Purslow and Ayres too , but clearly the Yanks think they\'ve got a way around it. Who knows ....

Going back to the info about Hicks\' obtaining finance, this would fit in, timing and all. There\'s no way he could get finance without the club as security, presumably he got the the green light, subject to the security, on finance and is now trying to find a way for the Board to ratify it. It makes some sense. Grjt is spot on in it being the last roll of the dice for them too. They\'ve probably got fuck all basis to remove Purslow and Ayres but they\'ve got to try something.

And on reflection, maybe some people will realise the conspiracy theories about the directors were exactly that. It\'s always a good idea to be diametrically opposed to SOS when they take a stance on someone in the club, you\'ll end up being right.
[/quote]

Its a PDF detailing the rules of the board for LFC, the doc looks like it came from companies house and was signed this year. Let me see if i can cut paste as you don't need to register for thesite.
 
Re: Club Refinance Thread

if they could remove these 2 easily then i'm sure they would have done so when they were blocked on some finance generating last month.

i'm sure they can remove them and even if they do maybe it could be a useful distraction that brings the deadline on to which they'll be too late to respond to.

spend time doing this means less time raising finance.

nice to see sunny laying the law down. 🙂
 
Re: Club Refinance Thread

[quote author=Fabio link=topic=41783.msg1189521#msg1189521 date=1286318914]
[quote author=FoxForceFive link=topic=41783.msg1189516#msg1189516 date=1286318777]
Ross, what the fuck is it with you & the backslash sign/?
[/quote]

It's his schtick. He's carving a reputation like spidey and other grammarphobes
[/quote]

I'd never be like Spidey. I love correct grammar and spelling. It's the difference between I helped my Uncle Jack off a horse and I helped my uncle jack off a horse.
 
Re: Club Refinance Thread

[quote author=Rosco link=topic=41783.msg1189529#msg1189529 date=1286319075]
[quote author=Fabio link=topic=41783.msg1189521#msg1189521 date=1286318914]
[quote author=FoxForceFive link=topic=41783.msg1189516#msg1189516 date=1286318777]
Ross, what the fuck is it with you & the backslash sign/?
[/quote]

It's his schtick. He's carving a reputation like spidey and other grammarphobes
[/quote]

I'd never be like Spidey. I love correct grammar and spelling. It's the difference between I helped my Uncle Jack off a horse and I helped my uncle jack off a horse.

goes off in search of the caps lock

[/quote]
 
Re: Club Refinance Thread

[quote author=Redshrek link=topic=41783.msg1189526#msg1189526 date=1286319045]
[quote author=Rosco link=topic=41783.msg1189514#msg1189514 date=1286318688]
That document won\'t download for me. Do i need to sign up to the site Redshrek ?

But in general they do have the power to remove a director, there must be more to it though otherwise they would have done it ages ago. It can only be done at an AGM, or an EGM though and it\'s up to the Board to schedule them, reasonable notice must be given for a meeting amongst other things so they might be able to string it out until the deadline passes and fuck up the attempt.

Broughton has been left out presumably because there\'s a rock solid covenant in the latest extension agreement that makes him untouchable. I always presumed something similar exists in relation to Purslow and Ayres too , but clearly the Yanks think they\'ve got a way around it. Who knows ....

Going back to the info about Hicks\' obtaining finance, this would fit in, timing and all. There\'s no way he could get finance without the club as security, presumably he got the the green light, subject to the security, on finance and is now trying to find a way for the Board to ratify it. It makes some sense. Grjt is spot on in it being the last roll of the dice for them too. They\'ve probably got fuck all basis to remove Purslow and Ayres but they\'ve got to try something.

And on reflection, maybe some people will realise the conspiracy theories about the directors were exactly that. It\'s always a good idea to be diametrically opposed to SOS when they take a stance on someone in the club, you\'ll end up being right.
[/quote]

Its a PDF detailing the rules of the board for LFC, the doc looks like it came from companies house and was signed this year. Let me see if i can cut paste as you don't need to register for thesite.
[/quote]

It wouldn't work in Chrome for some reason, Mozilla is fine though. I'll have a look.
 
Re: Club Refinance Thread

At least Henry should have some idea about the identity and history of a club etc due to the Red Sox.

Mind you, I'd have thought that with Gillett and the Canadiens.
 
Re: Club Refinance Thread

[quote author=ragehard link=topic=41783.msg1189527#msg1189527 date=1286319052]
nice to see sunny laying the law down. 🙂
[/quote]

Rage there's far more things to worry about than you at the moment. But seriously, wind it in.
 
Re: Club Refinance Thread

yes Sunny (just checking my CAPITALS too).

We all knew this would be played out at the last minute. I still think the decision in the end will lie with RBS.
 
Re: Club Refinance Thread

[quote author=SaintGeorge67 link=topic=41783.msg1189534#msg1189534 date=1286319342]
At least Henry should have some idea about the identity and history of a club etc due to the Red Sox.

Mind you, I'd have thought that with Gillett and the Canadiens.
[/quote]

That was exactly my thoughts at the time too.
 
Re: Club Refinance Thread

If I'm reading section 81(a) correctly the Yanks are in difficulty.

These articles were signed into effect in April this year, i.e. after RBS negotiated the extension and they clearly had an input into the articles. Broughton has the power to appoint or remove directors. I don't know how that sits with their right as members of the company (shareholders) to seek an EGM to remove a director.

If they do remove them, there doesn't seem to be anything to suggest Broughton couldn't just reappoint them, or somone else.

Strange one, and that's probably going to be an issue in the case.
 
Re: Club Refinance Thread

[quote author=ragehard link=topic=41783.msg1189536#msg1189536 date=1286319529]
yes Sunny (just checking my CAPITALS too).

We all knew this would be played out at the last minute. I still think the decision in the end will lie with RBS.
[/quote]

It'll be like a share liverpool fc owned by cunts in westminister. woo.
 
Re: Club Refinance Thread

The Company Articles for The Liverpool Football Club and Athletic Grounds Limited set out the rules for the removal of directors in clauses 81 and 83.

Clause 83 gives a list of valid reasons for the removal of a director, such as being disqualified by law, mental illness etc, none of which apply is this instance.

Therefore a Director can only be removed in accordance with clause 81, which states "Any appointment or removal shall be made in writing and signed by the then current Chairman"

It would seem then that Hicks and Gillett can't get rid of Purslow and Ayre without Broughtons permission, which given this statement clearly hasn't been given.
 
Re: Club Refinance Thread

[quote author=ragehard link=topic=41783.msg1189538#msg1189538 date=1286319650]
any ideas who the other 'acceptable' bidder from Asia is?
[/quote]

Ken Hom
 
Re: Club Refinance Thread

[quote author=ragehard link=topic=41783.msg1189538#msg1189538 date=1286319650]
any ideas who the other 'acceptable' bidder from Asia is?
[/quote]

the guardian's reporting that it's a chinese bid, that's all i've read so far, sorry.
 
Re: Club Refinance Thread

[quote author=peterhague link=topic=41783.msg1189543#msg1189543 date=1286319932]
[quote author=ragehard link=topic=41783.msg1189538#msg1189538 date=1286319650]
any ideas who the other 'acceptable' bidder from Asia is?
[/quote]

the guardian's reporting that it's a chinese bid, that's all i've read so far, sorry.
[/quote]

Sky's reporter is saying it's not though we will all have to just wait and see.
 
Re: Club Refinance Thread

[quote author=spider-neil link=topic=41783.msg1189541#msg1189541 date=1286319769]
The Company Articles for The Liverpool Football Club and Athletic Grounds Limited set out the rules for the removal of directors in clauses 81 and 83.

Clause 83 gives a list of valid reasons for the removal of a director, such as being disqualified by law, mental illness etc, none of which apply is this instance.

Therefore a Director can only be removed in accordance with clause 81, which states "Any appointment or removal shall be made in writing and signed by the then current Chairman"

It would seem then that Hicks and Gillett can't get rid of Purslow and Ayre without Broughtons permission, which given this statement clearly hasn't been given.
[/quote]

I could kiss you right now.
All hail Super Christian Purslow.
Oh how wrong Sos and rawk have got this.
Bet the 4 horsemen of the apocolypse banner is being burnt as we speak
 
Re: Club Refinance Thread

so they'd gambled on refinancing or selling and were willing to take the risk of not being in control of the boardroom. now the deadline is approaching and they've done neither they're getting desperate.

but why want to remove these 2 now? has hicks found finance and he knows they'll block him?

couldn't happen to a nicer pair of cunts.
 
Re: Club Refinance Thread

[quote author=Rosco link=topic=41783.msg1189539#msg1189539 date=1286319653]
If I'm reading section 81(a) correctly the Yanks are in difficulty.

These articles were signed into effect in April this year, i.e. after RBS negotiated the extension and they clearly had an input into the articles. Broughton has the power to appoint or remove directors. I don't know how that sits with their right as members of the company (shareholders) to seek an EGM to remove a director.

If they do remove them, there doesn't seem to be anything to suggest Broughton couldn't just reappoint them, or somone else.

Strange one, and that's probably going to be an issue in the case.
[/quote]

Which is why Broughton was so adamant that the owners could not stop the sale in his interview a few months ago.
As has been said they would have put their own people in already if they could.


regards
 
Re: Club Refinance Thread

Maybe the yanks are gonna use clause 83 and claim Purslow is mentally ill, using SOS as their character witnesses?
 
Re: Club Refinance Thread

[quote author=ragehard link=topic=41783.msg1189546#msg1189546 date=1286320058]
so they'd gambled on refinancing or selling and were willing to take the risk of not being in control of the boardroom. now the deadline is approaching and they've done neither they're getting desperate.

but why want to remove these 2 now? has hicks found finance and he knows they'll block him?

couldn't happen to a nicer pair of cunts.
[/quote]

The attempted removal of Ayres and Broughton prior to the board meeting is key here. He's either attempting to prevent bids being put on the table at the meeting and a vote being put forward to accept the bid (and put a legal challenge to delay it) or we was attempting to get a hooky refinancing deal secured against the clubs asetts voted through. Or maybe both. I'm really hoping RBS call in their cards
 
Re: Club Refinance Thread

[quote author=Redshrek link=topic=41783.msg1189544#msg1189544 date=1286320018]
[quote author=peterhague link=topic=41783.msg1189543#msg1189543 date=1286319932]
[quote author=ragehard link=topic=41783.msg1189538#msg1189538 date=1286319650]
any ideas who the other 'acceptable' bidder from Asia is?
[/quote]

the guardian's reporting that it's a chinese bid, that's all i've read so far, sorry.
[/quote]

Sky's reporter is saying it's not though we will all have to just wait and see.
[/quote]

Could it be Sahara? They did walk away saying they were not pursuing the purchase at that particular time

regards
 
Re: Club Refinance Thread

[quote author=Redshrek link=topic=41783.msg1189550#msg1189550 date=1286320239]
Some journo's are saying H&G may apply for an injunction to stop the club being sold.
[/quote]

I hope the judge is a Liverpool fan.
 
Re: Club Refinance Thread

[quote author=spider-neil link=topic=41783.msg1189555#msg1189555 date=1286320348]
ashlingoc
#LFC imminent statement from hicks



uh-oh...
[/quote]

It'll either be:

a) we're gonna build that sucker
b) blow me fuck face
c) this winter's gonna be big
 
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