CCFC ltd out of administration in 3 weeks (1 Viewer)

[covhead1]

Sale To Be Concluded In Three Weeks
According to the Coventry Telegraph's Les Reid, Coventry City Football Club Ltd could be out of administration in three weeks.
Mr Reid has tweeted; "ACL & #CCFC sources expect earliest for Ltd sale & end of admin is 3 weeks."

 

[oldskyblue58]

doesnt it actually say that it will be at least 3 weeks before exit from administration?

 

[Sky Blues]

Questions:
1. If Coventry City Football Club Limited does not exit administration via liquidation the lease remains - therefore, if, once Holding has obtained the golden share, Otium and/or Coventry City Football Club Limited are liquidated to kill the lease, will the club be hit by another 10-point penalty by the league?

2. Can the Football League judge whether Otium Entertainment are fit and proper owners if there are no up-to-date accounts on which to judge them?

3. How was the administrator able to be sure the creditors would receive the return promised by Otium Entertainment when that company's latest accounts are overdue?
(I'm not saying the administrator did anything wrong, just wondering what devices he would have used to satisfy himself that the bid was sound and genuine)

 

[ericagradus]

1. There will be a forfeiture clause in the lease, which will give the landlord the right to terminate the lease for a number of reasons ie breach of covenant, non payment of rent, insolvency. From landlords actions, lease has already been terminated. So the lease will not remain

 

[dongonzalos]

1. There will be a forfeiture clause in the lease, which will give the landlord the right to terminate the lease for a number of reasons ie breach of covenant, non payment of rent, insolvency. From landlords actions, lease has already been terminated. So the lease will not remain

Give the landlord the right.......

 

[Grendel]

Give the landlord the right.......

Oh I think once out of administration liquidation will swiftly follow, don't you?

 

[dongonzalos]

Oh I think once out of administration liquidation will swiftly follow, don't you?

So the penalty for that?

 

[dongonzalos]

Are we talking a club, in Walsall for example with at a push 1000 Coventry fans playing on the back of -15
Points.
SISU played a blinder I think you maybe right.

 

[Grendel]

So the penalty for that?

None. Holdings own the right to play football and the players. The lease will be wound up allowing holdings to negotiate a totally different lease with ACL.

 

[Grendel]

Are we talking a club, in Walsall for example with at a push 1000 Coventry fans playing on the back of -15
Points.
SISU played a blinder I think you maybe right.

Please explain why it's minis 15 points?

 

[dongonzalos]

Liquidation of part of the football club

 

[Grendel]

Liquidation of part of the football club

No chance. In fact we had had minus 15 points for any other scenario than what has taken place. Sisu will ensure with correspondence through the football league that they are entitled to close ltd with no further negative consequences.

 

[Sky Blues]

1. There will be a forfeiture clause in the lease, which will give the landlord the right to terminate the lease for a number of reasons ie breach of covenant, non payment of rent, insolvency. From landlords actions, lease has already been terminated. So the lease will not remain

Thanks Erica. I know you know your stuff when it comes to property law. Would the landlord seeking administration of the tenant be the "landlords actions" you refer to?

 

[WillieStanley]

Liquidation of part of the football club

The leaugue share would have been transfered to Holdings with the only thing left in Ltd being the agreement with ACL. What part of the club will have been liquidated?

 

[Sky Blues]

If CCFC Ltd is liquidated then, based on Football League rules, it appears we might suffer another 10-point penalty:

12.3.2 If a Group Undertaking of a Club becomes subject to or suffers an Insolvency Event, then the Board shall have the power to impose upon the Club a deduction of 10 points scored or to be scored in the League Competition. In exercising this power the Board shall have regard to all the circumstances of the case and to:
(a) such of the provisions of the Insolvency Act, the Competition Act 1998 and the Enterprise Act 2002 as are relevant and then in force;
(b) the need to protect the integrity and continuity of the League Competition;
(c) the reputation of The League and the need to promote the game of association football generally; and
(d) the relationship between the Club and the Group Undertaking.

Having said that, based on what Erica said, Sisu don't need to liquidate Ltd to break the lease as it has already been broken. Therefore, I suppose they could just merge Ltd with Holdings if they wanted to remove Ltd and tidy things up.

 

[Grendel]

The leaugue share would have been transfered to Holdings with the only thing left in Ltd being the agreement with ACL. What part of the club will have been liquidated?

No part. Actually I wouldn't be surprised if the league do not formally and publically back the club and the liquidation.

 

[Grendel]

If CCFC Ltd is liquidated then, based on Football League rules, it appears we might suffer another 10-point penalty:

12.3.2 If a Group Undertaking of a Club becomes subject to or suffers an Insolvency Event, then the Board shall have the power to impose upon the Club a deduction of 10 points scored or to be scored in the League Competition. In exercising this power the Board shall have regard to all the circumstances of the case and to:
(a) such of the provisions of the Insolvency Act, the Competition Act 1998 and the Enterprise Act 2002 as are relevant and then in force;
(b) the need to protect the integrity and continuity of the League Competition;
(c) the reputation of The League and the need to promote the game of association football generally; and
(d) the relationship between the Club and the Group Undertaking.

Having said that, based on what Erica said, Sisu don't need to liquidate Ltd to break the lease as it has already been broken. Therefore, I suppose they could just merge Ltd with Holdings if they wanted to remove Ltd and tidy things up.

The league will have in advance approved and supported the action.

 

[Sky Blues]

The league will have in advance approved and supported the action.

So you think the league would treat the liquidation of CCFC Ltd after exiting administration as part of one unbroken insolvency event then?
Until I read what Erica had to say, I agreed with you that liquidation of Ltd was likely but now I'm not so sure. Why liquidate Ltd if you don't need to to break the lease? Surely you can just merge it out of existence if you want to get rid of it?

 

[Grendel]

So you think the league would treat the liquidation of CCFC Ltd after exiting administration as part of one unbroken insolvency event then?
Until I read what Erica had to say, I agreed with you that liquidation of Ltd was likely but now I'm not so sure. Why liquidate Ltd if you don't need to to break the lease? Surely you can just merge it out of existence if you want to get rid of it?

Oh I agree if you do not have to to break the lease it will become a dormant company.

Either way the lease will be dead and there is no penalty to the club.

 

[Sky Blues]

Oh I agree if you do not have to to break the lease it will become a dormant company.

Either way the lease will be dead and there is no penalty to the club.

We agree on something again. This is getting worrying!

 

[ericagradus]

Give the landlord the right.......

My point is that, the Landlord's action, suggest that this right in what ever form (non payment of rent/breach of covenant) has already been exercised

 

[lordsummerisle]

Why can't we stay in admin for the next three years and take up the rent-free whilst in admin offer up from ACL?

 

[oldskyblue58]

Surely if ACL are making the offer to the administrator to allow CCFC to play rent free then the lease is still live. I do not think ACL have exercised any rights of termination, right now it is still one of the levers ACL have in proving to the FL that CCFC are not being forced out

 

[Jack Griffin]

Tim may have downloaded this form

 

[chiefdave]

Surely if ACL are making the offer to the administrator to allow CCFC to play rent free then the lease is still live. I do not think ACL have exercised any rights of termination, right now it is still one of the levers ACL have in proving to the FL that CCFC are not being forced out

You could read it that way or you could read it as there's no valid lease anymore but we'll let you play here anyway for free while in admin. Why was there a requirement to have a seperate deal for the last 3 games of last season if there was a valid lease in place? The administrator surely shouldn't be coming in saying the rents too high I'm not paying that!

Don't think until ACL make a statement we can be sure one way or the other.