Totally confused by all of this. Hicks and Gillet have now apparently got a Texas court to grant an injunction to block the sale.
What i don't get is if they own the club, how can it be sold without their approval for 300m, when they've apparently had higher bids in?
[cite]Posted By: Chris_from_Sidcup[/cite]Totally confused by all of this. Hicks and Gillet have now apparently got a Texas court to grant an injunction to block the sale.
What i don't get is if they own the club, how can it be sold without their approval for 300m, when they've apparently had higher bids in?
Isn't that what the court case was about? I thought I read that there was a constitution in place with the board that 3 of the 5 members needed to vote on a sale. As 3 of them did HandG tried to sack 2 of them and replace them with their own people which then led to the court case
Just another desperate delaying tactic and the issuing of a $1.6BN claim for damages as well is just laughable and rubs salt into already very deep wounds. There is no way that RBS, a US co in NESV and the Chairman of BA Martin Broughton are going to risk being held in contempt of an american court. There is now no alternative for them but to wait, work to get the temporary restraining order lifted asap and in doing so almost inevitably miss the Friday deadline... though it must be said RBS would be fools to put them into administration even though they will miss the cut as they know for a fact that the clear front-runner in terms if an opportunity to get the debts and penalties paid off in full will scarper if they do.
[cite]Posted By: aliwibble[/cite]How can a Texas court have jurisdiction over the sale though?
I would assume as RBS is registered to do business there and NESV is a US company and the claimants are US nationals that is enough for them to have jurisdiction, or at least give it a go to waste another few days coming up with a better idea. Furthermore, I understand that some of the alleged causes of action against the two cowboys took place in meetings in Texas itself.
Royal Bank of Scotland tells me that if it's true that Mill has taken the Hicks/Gillett shares and if Mill repays the £200m long-term debt owed by Liverpool FC (plus penalty fees) to RBS and Wachovia, then Mill is in the driving seat.
Once the debt is repaid, RBS's power ends.
At that point, the deal with New England Sports Ventures collapses.
Liverpool would have a new owner, Mill. And Mill will do with Liverpool what it pleases.
[cite]Posted By: incorruptible addick[/cite]Think Mill is the hedge fund which has now got hold of Hicks and Gillett's shares and bought another 25 per cent from somewhere else.
If Mill pays off RBS, Liverpool is going to end up by being owned by a hedge fund. Hilarious...
Thanks, thought for a second it was the other part of The 'Wall.
Latest Liverpool Echo update:
THE Liverpool FC ownership war took yet another dramatic twist today with reports hedge fund Mill Financial has effectively taken over the club.
It is being claimed the US-based investment company acquired all of Tom Hicks' shares.
''It already owned George Gillett’s shares after the American defaulted on a loan.
The latest shocking development came as the sale was briefly heard in the High Court again this morning, at 10.30am. It is due back before Mr Justice Floyd at 2pm.
And according to reports if they repay all outstanding loans to Royal Band of Scotland before the set deadline they will by default become the new owners of LFC – nudging out Boston-based New England Sports Ventures.
But this morning RBS was understood to have no knowledge of the reported Mill Financial deal but would be expected to be informed of such a takeover as the principal creditor.
The ECHO believes today’s dramatic move would not see Hicks and Gillett return to ascendancy in the battle for the Reds.
Instead it is believed Mill Financial, owned by Springfield Financial who have links with the Washington Redskins American Football team, may be acting on behalf of another, as yet unnamed and unknown group, now in a position to move in at the 11th hour and take over the club.
Inevitably will lead to speculation Chinese businessman Kenny Huang could be behind today's dramatic developments, though that is by no means clear.''
Peter Lim has just withdrawn his offer, leaving only two horses still running, NESV and the hedge fund lot...
In retrospect, it seems obvious that Hicks must have had an alternative plan. They went to the Texas court to buy time - but there was no point in buying time unless they had something up their sleeve...
Hicks' people have denied that he's sold his shares to Mill, Mill at this stage appear to only own Gillett's holding, though they are supposedly trying to get the 25% debt stake from Wells Fargo
What a wonderful farce. There are now two court hearings going on simultaneously - LFC and RBS are in the High Court in London and H & G are now back in a Dallas court (9 am there, six hours behind), alleging contempt by the LFC board.
High Court proceedings seem to have been interrupted, while they try to fnd out what is going on in the Dallas court room.
It's almost as much fun as watching Liverpool lose on the field, isn't it? Although not as uplifting as watching miners miraculously reappear from the bowels of the earth.
Hicks' lawyers haven't turned up to the HC London hearing and the Texan judge yesterday refused to allow a declaration that London would have no jurisdiction to overrule his restraining order
[cite]Posted By: ISawLeaburnScore[/cite]Hicks' lawyers haven't turned up to the HC London hearing and the Texan judge yesterday refused to allow a declaration that London would have no jurisdiction to overrule his restraining order
I guess that is why Hicks is back in a Texan court as this very moment alleging contempt by the LFC board.
[cite]Posted By: ISawLeaburnScore[/cite]Hicks' lawyers haven't turned up to the HC London hearing and the Texan judge yesterday refused to allow a declaration that London would have no jurisdiction to overrule his restraining order
His QC is there and is now on his feet in the court room.
The Liverpool/RBS QCs have argued that not only should the High Court set aside yesterday's Texan injunction but should impose an order which prevents any further injunctions under any jurisdiction other than the UK High Court.
I'm only a layman but it looks to me there is only one way the judge can rule and the NESV bid will again get the green light...unless they can produce this hedge fund as a deus ex machina to pay off the RBS debt
The hedge fund may or may not own the shares (because of separate Hicks default) but it is the overall club which is bound by covenants re. decision making and I can't see NESV letting go of a legally binding deal... And RBS don't care as long as they get their money and aren't exposed to being sued - let's see how this pans out but it could be a step forwards for sensible management?!
Any top 4 club without billionaire owners will suffer this fate if they don't make CL every year - as per Leeds - Hopefully Platini will use this to regulate the clubs - perhaps not paying TV money to clubs who overspend... then there's no point
[cite]Posted By: ISawLeaburnScore[/cite]Hicks' lawyers haven't turned up to the HC London hearing and the Texan judge yesterday refused to allow a declaration that London would have no jurisdiction to overrule his restraining order
His QC is there and is now on his feet in the court room.
The Liverpool/RBS QCs have argued that not only should the High Court set aside yesterday's Texan injunction but should impose an order which prevents any further injunctions under any jurisdiction other than the UK High Court.
I'm only a layman but it looks to me there is only one way the judge can rule and the NESV bid will again get the green light...unless they can produce this hedge fund as adeus ex machinato pay off the RBS debt
Sorry I may have got that wrong and I Saw was right.
I thought Chivers was speaking for H&G, but he's actually the QC for NESV.
ISaw was right : the owners were unrepresented. Court officials invited them to put their case, but they e-mailed back saying they would be out all afternoon and would not be attending. Which is hardly going to endear them to Mr Justice Floyd...can only see this going one way...
The best bit of all is that Mr Justice Floyd has given Hicks and Gillett until 4pm tomorrow to withdraw their legal action in America, or face charges of contempt in the UK High Court.
God, the Texans are going to hate that, aren't they? The old world pulling legal rank over the parochial courts of a former colony!
Quite smart by H &G to turn it into a potential international bone of contention, given that they knew they were bound to lose in the UK courts... Not that ultimately it will do them any good.
over to texas... they are back in session in Texas tomorrow at 1pm British time for an hour-long hearing where H&G are expected to claim their absolute final card that the anti-suit injunction obtained in the HC today means that LFC and associates have breached the injunction granted in Dallas which prohibited the taking of any steps towards completing the sale process. If held to be such, RBS, NESV and Broughton, Purslow and Ayre will be held in contempt of court in the state of Texas.
Alternatively, as is probably advisable, the judge will wash his hands of this hassle and ditch the TRO allowing the sale to complete tomorrow.
It really is amazing that the US is still so arrogant, after years of getting its fingers burnt, to meddle without diligent inspection into a dispute taking place thousands of miles away that involves 3 UK incorporated companies.
Comments
You read the Guardian too?
What i don't get is if they own the club, how can it be sold without their approval for 300m, when they've apparently had higher bids in?
I would assume as RBS is registered to do business there and NESV is a US company and the claimants are US nationals that is enough for them to have jurisdiction, or at least give it a go to waste another few days coming up with a better idea. Furthermore, I understand that some of the alleged causes of action against the two cowboys took place in meetings in Texas itself.
Royal Bank of Scotland tells me that if it's true that Mill has taken the Hicks/Gillett shares and if Mill repays the £200m long-term debt owed by Liverpool FC (plus penalty fees) to RBS and Wachovia, then Mill is in the driving seat.
Once the debt is repaid, RBS's power ends.
At that point, the deal with New England Sports Ventures collapses.
Liverpool would have a new owner, Mill. And Mill will do with Liverpool what it pleases.
If Mill pays off RBS, Liverpool is going to end up by being owned by a hedge fund. Hilarious...
Thanks, thought for a second it was the other part of The 'Wall.
Good old Hedge funds, if only I had one!
THE Liverpool FC ownership war took yet another dramatic twist today with reports hedge fund Mill Financial has effectively taken over the club.
It is being claimed the US-based investment company acquired all of Tom Hicks' shares.
''It already owned George Gillett’s shares after the American defaulted on a loan.
The latest shocking development came as the sale was briefly heard in the High Court again this morning, at 10.30am. It is due back before Mr Justice Floyd at 2pm.
And according to reports if they repay all outstanding loans to Royal Band of Scotland before the set deadline they will by default become the new owners of LFC – nudging out Boston-based New England Sports Ventures.
But this morning RBS was understood to have no knowledge of the reported Mill Financial deal but would be expected to be informed of such a takeover as the principal creditor.
The ECHO believes today’s dramatic move would not see Hicks and Gillett return to ascendancy in the battle for the Reds.
Instead it is believed Mill Financial, owned by Springfield Financial who have links with the Washington Redskins American Football team, may be acting on behalf of another, as yet unnamed and unknown group, now in a position to move in at the 11th hour and take over the club.
Inevitably will lead to speculation Chinese businessman Kenny Huang could be behind today's dramatic developments, though that is by no means clear.''
In retrospect, it seems obvious that Hicks must have had an alternative plan. They went to the Texas court to buy time - but there was no point in buying time unless they had something up their sleeve...
LFC now back in the high court
High Court proceedings seem to have been interrupted, while they try to fnd out what is going on in the Dallas court room.
It's almost as much fun as watching Liverpool lose on the field, isn't it? Although not as uplifting as watching miners miraculously reappear from the bowels of the earth.
I guess that is why Hicks is back in a Texan court as this very moment alleging contempt by the LFC board.
His QC is there and is now on his feet in the court room.
The Liverpool/RBS QCs have argued that not only should the High Court set aside yesterday's Texan injunction but should impose an order which prevents any further injunctions under any jurisdiction other than the UK High Court.
I'm only a layman but it looks to me there is only one way the judge can rule and the NESV bid will again get the green light...unless they can produce this hedge fund as a deus ex machina to pay off the RBS debt
Any top 4 club without billionaire owners will suffer this fate if they don't make CL every year - as per Leeds - Hopefully Platini will use this to regulate the clubs - perhaps not paying TV money to clubs who overspend... then there's no point
Sorry I may have got that wrong and I Saw was right.
I thought Chivers was speaking for H&G, but he's actually the QC for NESV.
ISaw was right : the owners were unrepresented. Court officials invited them to put their case, but they e-mailed back saying they would be out all afternoon and would not be attending. Which is hardly going to endear them to Mr Justice Floyd...can only see this going one way...
God, the Texans are going to hate that, aren't they? The old world pulling legal rank over the parochial courts of a former colony!
Quite smart by H &G to turn it into a potential international bone of contention, given that they knew they were bound to lose in the UK courts... Not that ultimately it will do them any good.
over to texas... they are back in session in Texas tomorrow at 1pm British time for an hour-long hearing where H&G are expected to claim their absolute final card that the anti-suit injunction obtained in the HC today means that LFC and associates have breached the injunction granted in Dallas which prohibited the taking of any steps towards completing the sale process. If held to be such, RBS, NESV and Broughton, Purslow and Ayre will be held in contempt of court in the state of Texas.
Alternatively, as is probably advisable, the judge will wash his hands of this hassle and ditch the TRO allowing the sale to complete tomorrow.
It really is amazing that the US is still so arrogant, after years of getting its fingers burnt, to meddle without diligent inspection into a dispute taking place thousands of miles away that involves 3 UK incorporated companies.