Liverpool Said to Be in Default, Bankruptcy Possible
Liverpool’s holding company is in default over 280 million pounds ($446 million) owed to Royal Bank of Scotland Group Plc and Wells Fargo & Co., and the banks may put the soccer club into bankruptcy protection, three people familiar with the situation said today.
While U.K. newspapers including the Daily Telegraph have reported that co-owners Tom Hicks and George Gillett’s debt matures on Oct. 15, the loan is already in default, say the people, who declined to be identified because of pending lawsuits. The U.S. pair is trying to block a sale to New England Sports Ventures LLC because they say the price is too low. A court action begins tomorrow.
Although the banks prefer not to put the team into administration, a form of bankruptcy, they may if the NESV transaction is challenged in court or indefinitely delayed, the people said. Liverpool Chairman Martin Broughton, who approved the sale, said the owners may lose about 140 million pounds if the deal goes through.
Administration would bring a nine-point penalty from the Premier League. Liverpool is in 18th place in the 20-team league, and would be relegated to the second-tier Championship if the season ended now. That would cost millions, and the team is already struggling with the loss of income from the Champions League, which can bring in as much as 30 million pounds.
Deal’s Validity
NESV, which is controlled by Boston Red Sox owners John W. Henry and Tom Werner, has made a 300 million-pound bid for the 18-time English champion. Liverpool’s board, which has approved the sale, is seeking court confirmation of the deal’s validity.
Kop Football (Holdings) Ltd. must repay a 237 million-pound loan, and costs associated with an April 30 refinancing that has seen the debt balloon by 40 million pounds.
Nicola Howson, a U.K.-based spokeswoman for Gillett and Hicks, didn’t respond to a voicemail seeking comment. RBS, NESV and Liverpool declined to comment.
Liverpool’s board last week agreed to sell to NESV over the objections of Hicks and Gillett. The bidder will walk away from the deal if the team enters administration and is docked nine points, one of the people said.
Gillett and Hicks say the sale isn’t legal because they fired two of the board members that approved it. Broughton says the deal is valid because only he has the power to change the structure of the board.
RBS, which required the changes to the board as part of its latest refinancing agreement, is the applicant in a suit listed against Hicks and others at the High Court in London.
“In a situation of Liverpool’s, where we are in default, then your primary obligation is to the creditor not the shareholder,†Broughton said in an interview last week. “That was our primary obligation.â€
http://www.bloomberg.com/news/2010-10-11/liverpool-said-to-be-in-technical-default-on-loan-bankruptcy-is-possible.html