Post by Macmoish on Oct 9, 2010 6:43:35 GMT
Insane and unbelievable
Guardian David Conn and Matt Scott
Liverpool sale may collapse if nine points are deducted
• Administration and points deduction could deter buyers
• Club could face relegation battle if courts deny Broughton
The prospective new owners of Liverpool could be discouraged from buying the club if next week's court action fails to force the deal through and the club is then placed into administration, incurring a nine‑point penalty from the Premier League. Sources close to the Liverpool battle said the loss of nine points, which could sink the team into a genuine relegation battle, would mean "the economics of the club are devastated", and New England Sports Ventures might reconsider its position.
It was previously thought that the Premier League would not deduct nine points, its penalty for clubs which go into administration, because the holding company would be in default, not the club. However it emerged yesterday that the league's chief executive, Richard Scudamore, believes that the holding company's administration cannot be entirely separated from the club, and the nine-point penalty would apply.
NESV is not commenting on the Liverpool situation until it is resolved. However, it would be natural, when considering its position, for the consortium to take account of the dramatically changed circumstances Liverpool would be in if the club lost nine points.
The penalty could be imposed next Friday and, with no further Premier League matches having been played, Liverpool would be bottom on minus three points, eight points behind the two clubs immediately above, Wolves and West Ham United, and nine points from safety.
That would be a huge setback for a club still aspiring to be in the top four, not fourth from bottom, making it almost certain, at the very least, that they would not qualify for the Champions League for the second successive season. Financially, that would have a major impact, and relegation a catastrophic one, so new owners might have to contemplate spending more than they planned on new players in January to ensure Premier League survival.
NESV, which owns the Boston Red Sox, has concluded a deal with the Liverpool chairman, Martin Broughton, to buy the club, a takeover which the Premier League approved in principle yesterday. However the consortium, and its majority shareholder, John W Henry, must wait to see whether a high court judge is prepared to declare that Broughton does have the right to sell the club, against the unwavering opposition of the current owners, Tom Hicks and George Gillett, who are fighting to get some money from their exit out of Liverpool.
If Broughton's court action fails, the £237m owed to Royal Bank of Scotland by Hicks's and Gillett's Liverpool holding company, Kop, falls due next Friday, 15 October. Hicks and Gillett, under financial pressure in the US, are expected to fail to pay, and RBS is currently believed likely to put the club into administration, although the scale of the damage that could do to Liverpool might cause the bank to reassess.
"Going into administration needs to be avoided at all costs, as the negative impact would be catastrophic," Broughton said. "Setting aside the nine-point deduction, it would have an impact on Liverpool's value and be wide open to predators, whereas we have what we believe is the right new owners to take the club forward."
The whole prospect of NESV reconsidering its position dramatically increases the importance for Liverpool of Broughton succeeding with next week's court action. He will ask the judge, crucially, to declare that as the chairman, he had the sole right to appoint and remove directors, so keeping his majority on the board, with the managing director Christian Purslow and commercial director Ian Ayre. On Tuesday, Hicks attempted to sack those two and replace them with his son, Mack, and Mack's assistant, Lori Kay McCutcheon.
Broughton will also ask for a declaration that Hicks and Gillett cannot block the deal because of undertakings they gave RBS not to obstruct a "reasonable" sale. Hicks argues the deal, which will pay him and Gillett nothing, "dramatically undervalues" Liverpool, so he is fighting to hold out for another deal offering more money.
If Hicks succeeds, Liverpool are expected to be put into administration on Friday, then for RBS to sell the club to NESV for £200m. Yet that would be up for negotiation, and a nine-point penalty could severely affect the outcome.
www.guardian.co.uk/football/2010/oct/09/liverpool-john-w-henry
Guardian David Conn and Matt Scott
Liverpool sale may collapse if nine points are deducted
• Administration and points deduction could deter buyers
• Club could face relegation battle if courts deny Broughton
The prospective new owners of Liverpool could be discouraged from buying the club if next week's court action fails to force the deal through and the club is then placed into administration, incurring a nine‑point penalty from the Premier League. Sources close to the Liverpool battle said the loss of nine points, which could sink the team into a genuine relegation battle, would mean "the economics of the club are devastated", and New England Sports Ventures might reconsider its position.
It was previously thought that the Premier League would not deduct nine points, its penalty for clubs which go into administration, because the holding company would be in default, not the club. However it emerged yesterday that the league's chief executive, Richard Scudamore, believes that the holding company's administration cannot be entirely separated from the club, and the nine-point penalty would apply.
NESV is not commenting on the Liverpool situation until it is resolved. However, it would be natural, when considering its position, for the consortium to take account of the dramatically changed circumstances Liverpool would be in if the club lost nine points.
The penalty could be imposed next Friday and, with no further Premier League matches having been played, Liverpool would be bottom on minus three points, eight points behind the two clubs immediately above, Wolves and West Ham United, and nine points from safety.
That would be a huge setback for a club still aspiring to be in the top four, not fourth from bottom, making it almost certain, at the very least, that they would not qualify for the Champions League for the second successive season. Financially, that would have a major impact, and relegation a catastrophic one, so new owners might have to contemplate spending more than they planned on new players in January to ensure Premier League survival.
NESV, which owns the Boston Red Sox, has concluded a deal with the Liverpool chairman, Martin Broughton, to buy the club, a takeover which the Premier League approved in principle yesterday. However the consortium, and its majority shareholder, John W Henry, must wait to see whether a high court judge is prepared to declare that Broughton does have the right to sell the club, against the unwavering opposition of the current owners, Tom Hicks and George Gillett, who are fighting to get some money from their exit out of Liverpool.
If Broughton's court action fails, the £237m owed to Royal Bank of Scotland by Hicks's and Gillett's Liverpool holding company, Kop, falls due next Friday, 15 October. Hicks and Gillett, under financial pressure in the US, are expected to fail to pay, and RBS is currently believed likely to put the club into administration, although the scale of the damage that could do to Liverpool might cause the bank to reassess.
"Going into administration needs to be avoided at all costs, as the negative impact would be catastrophic," Broughton said. "Setting aside the nine-point deduction, it would have an impact on Liverpool's value and be wide open to predators, whereas we have what we believe is the right new owners to take the club forward."
The whole prospect of NESV reconsidering its position dramatically increases the importance for Liverpool of Broughton succeeding with next week's court action. He will ask the judge, crucially, to declare that as the chairman, he had the sole right to appoint and remove directors, so keeping his majority on the board, with the managing director Christian Purslow and commercial director Ian Ayre. On Tuesday, Hicks attempted to sack those two and replace them with his son, Mack, and Mack's assistant, Lori Kay McCutcheon.
Broughton will also ask for a declaration that Hicks and Gillett cannot block the deal because of undertakings they gave RBS not to obstruct a "reasonable" sale. Hicks argues the deal, which will pay him and Gillett nothing, "dramatically undervalues" Liverpool, so he is fighting to hold out for another deal offering more money.
If Hicks succeeds, Liverpool are expected to be put into administration on Friday, then for RBS to sell the club to NESV for £200m. Yet that would be up for negotiation, and a nine-point penalty could severely affect the outcome.
www.guardian.co.uk/football/2010/oct/09/liverpool-john-w-henry
