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LFC SOLD to NESV.

Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Jack D Rips link=topic=41783.msg1193205#msg1193205 date=1286885232]
Time to get some email addresses for Mill Financial? 😉
[/quote]

one last email push 😉
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Wilko link=topic=41783.msg1193196#msg1193196 date=1286885003]
I wonder what Justice Floyd likes in his sarnies.
[/quote]

Hmmm, tough one. Whatever Mrs Floyd made him I suppose.
Friday is normally shopping day so the ham/turkey will still be fresh.
I'll go with ham, cheese & english mustard on wholemeal.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Stulikesdrums link=topic=41783.msg1193209#msg1193209 date=1286885393]
[quote author=Wilko link=topic=41783.msg1193196#msg1193196 date=1286885003]
I wonder what Justice Floyd likes in his sarnies.
[/quote]

Hmmm, tough one. Whatever Mrs Floyd made him I suppose.
Friday is normally shopping day so the ham/turkey will still be fresh.
I'll go with ham, cheese & english mustard on wholemeal.
[/quote]

I just heard Rogan josh that the yanks are trying to curry favour.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Stulikesdrums link=topic=41783.msg1193209#msg1193209 date=1286885393]
[quote author=Wilko link=topic=41783.msg1193196#msg1193196 date=1286885003]
I wonder what Justice Floyd likes in his sarnies.
[/quote]

Hmmm, tough one. Whatever Mrs Floyd made him I suppose.
Friday is normally shopping day so the ham/turkey will still be fresh.
I'll go with ham, cheese & english mustard on wholemeal.
[/quote]

he seems more the cream cheese type.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=crump link=topic=41783.msg1193210#msg1193210 date=1286885455]
[quote author=Stulikesdrums link=topic=41783.msg1193209#msg1193209 date=1286885393]
[quote author=Wilko link=topic=41783.msg1193196#msg1193196 date=1286885003]
I wonder what Justice Floyd likes in his sarnies.
[/quote]

Hmmm, tough one. Whatever Mrs Floyd made him I suppose.
Friday is normally shopping day so the ham/turkey will still be fresh.
I'll go with ham, cheese & english mustard on wholemeal.
[/quote]

I just heard Rogan josh that the yanks are trying to curry favour.
[/quote]

Awful pun(jab).
 
Re: LFC Sold to NESV (New England Sports Ventures)

Wasn't Gillette's solicitor present at the board meeting?

I am sure I heard he was.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=spider-neil link=topic=41783.msg1193211#msg1193211 date=1286885505]
[quote author=Stulikesdrums link=topic=41783.msg1193209#msg1193209 date=1286885393]
[quote author=Wilko link=topic=41783.msg1193196#msg1193196 date=1286885003]
I wonder what Justice Floyd likes in his sarnies.
[/quote]

Hmmm, tough one. Whatever Mrs Floyd made him I suppose.
Friday is normally shopping day so the ham/turkey will still be fresh.
I'll go with ham, cheese & english mustard on wholemeal.
[/quote]

he seems more the cream cheese type.
[/quote]

So he's having a bagel and philadelphia light?
The little tubs of phil cream cheese with basil are very nice on toast.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Stulikesdrums link=topic=41783.msg1193212#msg1193212 date=1286885613]
[quote author=crump link=topic=41783.msg1193210#msg1193210 date=1286885455]
[quote author=Stulikesdrums link=topic=41783.msg1193209#msg1193209 date=1286885393]
[quote author=Wilko link=topic=41783.msg1193196#msg1193196 date=1286885003]
I wonder what Justice Floyd likes in his sarnies.
[/quote]

Hmmm, tough one. Whatever Mrs Floyd made him I suppose.
Friday is normally shopping day so the ham/turkey will still be fresh.
I'll go with ham, cheese & english mustard on wholemeal.
[/quote]

I just heard Rogan josh that the yanks are trying to curry favour.
[/quote]

Awful pun(jab).
[/quote]

I doubt Mill have really cumin with another bid.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Judge Jules link=topic=41783.msg1193191#msg1193191 date=1286884641]
[quote author=Avmenon link=topic=41783.msg1193185#msg1193185 date=1286884326]
Unless the bid was made before acceptance of the initial NESVbid, it's not relevant.

And even if it were, Broughton could easily show that he's acted reasonably in accepting a bid from a concern which had legitimate skills in managing sports businesses as opposed to a hedge fund and a stock-broker.

It'd have to be a bid that so far surpassed the NESV bid that acceptance amounted to breach of director's duty to the shareholders and of basically gross negligence .


[/quote]

Correct me if I'm wrong, Avvy, but that's the key, isn't it? Even if the court might think it would have made a different decision, it could only overturn this one if it was as UNreasonable as you describe in your final para.
[/quote]

I think it is too.

Duty to the shareholders is paramount; but where said duty risked the destruction of the concern then a court might agree that taking such actions favouring the shareholders would be unreasonable.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Dahuge link=topic=41783.msg1193213#msg1193213 date=1286885675]
Wasn't Gillette's solicitor present at the board meeting?

I am sure I heard he was.
[/quote]

nope. when they found out they couldn't change the board they declined to be present.
that's YOUR look out tom, you were given the invite but you passed.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=Avmenon link=topic=41783.msg1193218#msg1193218 date=1286885857]
I think Gillette's lawyer was there though.
[/quote]

really?
 
Re: LFC Sold to NESV (New England Sports Ventures)

my worry is the judge will look at the 'seemingly' higher bids and conclude the board were being unreasonable by taking the lowest offer on the table and it's not in the interests of the stockholders. or can the judge ONLY make a decison on the illegally reconstituted board?
 
Re: LFC Sold to NESV (New England Sports Ventures)

Liverpool ownership case begins in High Court
By ESPNsoccernet staff

October 12, 2010
Comment
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Proceedings to decide the future of Liverpool FC began in the High Court on Tuesday with barristers accusing Tom Hicks and George Gillett of "breathtaking arrogance" during their ownership of the club.


PA Photos

A Liverpool fan waits outside The Royal Courts of Justice.

• Lim makes Liverpool bid
• Henry opens fan dialogue on Twitter
• Gerrard defends Hodgson and Torres
• NESV determined to succeed in bid

Royal Bank of Scotland, the club's major creditors after lending Hicks and Gillett the money to buy the club back in March 2007, have taken the duo to court to force through the £300 million sale of the club - sanctioned by their man on the Liverpool board Martin Broughton - to New England Sports Ventures.

Hicks and Gillett are opposed to the sale and the key issue in court 16 of London's Royal Courts of Justice is who has the necessary authority to agree a takeover.

The Liverpool board was reconstructed in agreements Hicks and Gillett were party to when the Americans were forced to seek a six-month extension with the RBS on their £237 million loan in April. The deal brought in Broughton as Liverpool's independent chairman, with powers to sell the club.

Hicks and Gillett rejected an offer by NESV to buy the club last week but Broughton and two other members of the board accepted. The American duo reacted by attempting to sack the board, an act that RBS lawyers told the High Court was a breach of clause C3 of their April agreement with regards to restructuring the board.

RBS barrister Richard Snowden QC then appealed to the judge, Mr Justice Floyd, to "restore a clearly constituted and functioning board" who could sell the club to potential new owners NESV and added: "It cannot wait and it would be wrong for Mr Hicks and Gillett to profit from their tactics."

The judge was asked to impose injunctions on the owners requiring them to restore the original constitutions of the companies and managing directors, therefore removing the final stumbling block to a takeover.

Hicks and Gillett's representatives countered RBS' opening comments by saying: "This is not about the owners trying to force Liverpool into administration or another form of insolvency.

"This dispute then is about maintaining terms of the sale agreement: mainly that all alternative offers are properly considered by the board before an offer is accepted."

Another takeover offer arrived from Singaporean stockbroker Peter Lim on Tuesday morning as an alternative to the NESV deal favoured by RBS.

RBS' loan to Hicks and Gillett is due for repayment on Friday irrespective of the outcome of the court case.
 
Re: LFC Sold to NESV (New England Sports Ventures)

I'm getting more nervous here, not less. It's like watching a game whose rules you don't understand at all.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=spider-neil link=topic=41783.msg1193220#msg1193220 date=1286886004]
my worry is the judge will look at the 'seemingly' higher bids and conclude the board were being unreasonable by taking the lowest offer on the table and it's not in the interests of the stockholders. or can the judge ONLY make a decison on the illegally reconstituted board?
[/quote]

If it's the former, surely the judge would ask why did they accept lower bid, to see if they were being unreasonable..(rather than take G and H word for it), plus it's fine saying that stuff about those bids, NOW, when it's convenient. Plus, G and H have been scaring away bidders.

But at the end of the day, it's all about the action of removing the board, and whether that was an illegal move. If the board was acting reasonably or not, this is the issue. Otherwise, boards would be fired all over the world on a regular basis. Acting unreasonably is surely a lot more unreasonable than not accepting a certain bid because of a few mil difference?.
 
Re: LFC Sold to NESV (New England Sports Ventures)

@owen_g
Owen Gibson
Key point remains - Hicks and Gillett breached contract with RBS. Their QC attempting to secure full hearing by throwing up other issues.
 
Re: LFC Sold to NESV (New England Sports Ventures)

broughton mobbed outside the court by reporters who asked why he never considered the other offers
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=IanTheRed link=topic=41783.msg1193198#msg1193198 date=1286885046]
"H&G's representative in court: "Claims Meriton wrote letter to Hicks and Gillett on Friday evening asking 'what was going on' regarding their takeover bid.""

Fucking hell, how quaint. Write a letter (approximately 4 letters long), three days after the NESV bid was accepted, to the people who have a minority representation on the board?

How about, call me fucking stupid here, picking up the phone to the Chairman or getting some sort of Gordon Gekko type bloke to storm into Broughton's office and demain answers? No, a letter it is then...
[/quote]


There's a letter precisely so they can exhibit it to the Court......
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=spider-neil link=topic=41783.msg1193228#msg1193228 date=1286886898]
SSN reporter saying Hicks' lawyer is on top.


cunts! they would say that.
[/quote]

I fucking hate Sky.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=spider-neil link=topic=41783.msg1193220#msg1193220 date=1286886004]
my worry is the judge will look at the 'seemingly' higher bids and conclude the board were being unreasonable by taking the lowest offer on the table and it's not in the interests of the stockholders. or can the judge ONLY make a decison on the illegally reconstituted board?
[/quote]

Yes cos judges are thick and don't look at the facts.......... :🙂

I think he will take it all into account and say that Broughton had the right to do what he did and Hicks had signed away his rights in April, further to this Broughton and the Liverpool board acted in the best interests of everyone, the creditors, the company and Hicks and Gillet with the information at hand at the time and the process they had entered into.

The facts are as I see it now are that Hicks, despite having no recollection of an agreement that said Broughton had all the power , now admits he was wrong and had no rights to try and usurp the board, he must have found the fag packet he wrote it down on yesterday.

The other fact seems to be at the deadline for offers there were two bids on the table and both carried more or less the same quantum, the difference one was a respected company with a proven track record in sports franchises the other was a little know Singaporian with United Themed bars, what one would a reasonable man go for.

The things that are not facts , as yet , that all know the reason they have suddenly gone public are the offers from Lim and Mills have the hand of Hicks behind them............... Hicks an increasingly desperate man clutching at fewer and fewer and smaller and smaller straws.

regards
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=caparo link=topic=41783.msg1193234#msg1193234 date=1286887189]
[quote author=IanTheRed link=topic=41783.msg1193198#msg1193198 date=1286885046]
"H&G's representative in court: "Claims Meriton wrote letter to Hicks and Gillett on Friday evening asking 'what was going on' regarding their takeover bid.""

Fucking hell, how quaint. Write a letter (approximately 4 letters long), three days after the NESV bid was accepted, to the people who have a minority representation on the board?

How about, call me fucking stupid here, picking up the phone to the Chairman or getting some sort of Gordon Gekko type bloke to storm into Broughton's office and demain answers? No, a letter it is then...
[/quote]


There's a letter precisely so they can exhibit it to the Court......
[/quote]

Surely the first letter, you know the thing they call an 'offer', would suffice?

No, we have a short and succinct letter demanding answers to a bid Broughton says we never had:

You announced on Tuesday night that the club received two excellent offers. Why, in your opinion, is New England Sports Ventures the right new owner for Liverpool Football Club?

I think both of them would have been excellent new owners. New England have a lot of experience in developing, investing in and taking Boston Red Sox - as the closest parallel - from being a club with a wonderful history, a wonderful tradition that had lost the winning way, and bringing it back to being a winner. Their commitment to winning is what it's all about there and they've extended it from Boston Red Sox to Nascar and other things, but Red Sox is the main one.

I have been meeting them now for several weeks in Boston, in Liverpool, in London, and I feel they are totally committed to supporting and getting the winning mentality back into the team.
 
Re: LFC Sold to NESV (New England Sports Ventures)

[quote author=IanTheRed link=topic=41783.msg1193239#msg1193239 date=1286887566]
[quote author=caparo link=topic=41783.msg1193234#msg1193234 date=1286887189]
[quote author=IanTheRed link=topic=41783.msg1193198#msg1193198 date=1286885046]
"H&G's representative in court: "Claims Meriton wrote letter to Hicks and Gillett on Friday evening asking 'what was going on' regarding their takeover bid.""

Fucking hell, how quaint. Write a letter (approximately 4 letters long), three days after the NESV bid was accepted, to the people who have a minority representation on the board?

How about, call me fucking stupid here, picking up the phone to the Chairman or getting some sort of Gordon Gekko type bloke to storm into Broughton's office and demain answers? No, a letter it is then...
[/quote]


There's a letter precisely so they can exhibit it to the Court......
[/quote]

Surely the first letter, you know the thing they call an 'offer', would suffice?

No, we have a short and succinct letter demanding answers to a bid Broughton says we never had (assuming the 2nd bid is Lim):

You announced on Tuesday night that the club received two excellent offers. Why, in your opinion, is New England Sports Ventures the right new owner for Liverpool Football Club?

I think both of them would have been excellent new owners. New England have a lot of experience in developing, investing in and taking Boston Red Sox - as the closest parallel - from being a club with a wonderful history, a wonderful tradition that had lost the winning way, and bringing it back to being a winner. Their commitment to winning is what it's all about there and they've extended it from Boston Red Sox to Nascar and other things, but Red Sox is the main one.

I have been meeting them now for several weeks in Boston, in Liverpool, in London, and I feel they are totally committed to supporting and getting the winning mentality back into the team.


[/quote]
 
Re: LFC Sold to NESV (New England Sports Ventures)

I definitely remember reading that Hicks put down the phone whilst Gillet's lawyer or representative listened in to the conference call regarding the sale. Of that i am no doubt.

My recollection is that Broughton, Ayres and Purslow were at Slaughter and May to discuss the bids and had informed G*H about this. 15mins prior to the meeting G&H tried to remover Purslow and Ayres from the Board. Broughton spoke to Slaughter and May to find out if this was legitimate/constitutional, they informed him that only he (Broughton) had authority to add/remove people from the board.
Broughton told them that the move was ilegitimate and the meeting would continue, they were asked to stay on the call, Hicks put the phone down whilst Gillet's lawyer or representative listened to the details of the sale.
 
Re: LFC Sold to NESV (New England Sports Ventures)

Replying to my own post. Fucking ace. I need lessons on how to use this place again.
 
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