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JR2 - SISU's bargaining tool? (2 Viewers)

  • Thread starter Voice_of_Reason
  • Start date Dec 3, 2016
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wingy

Well-Known Member
  • Dec 6, 2016
  • #106
Nick said:
It was when he first came in, he said if legal action was dropped and all of the council's legal fees were paid he would help with the Wasps discussions. Previously he had distanced himself from them to say it was up to Wasps.

Don't get me wrong, if the judge says "pay £2m legal fees" then they should be paid. This was before anything was awarded.
Click to expand...
Ta!
 
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oldfiver

Well-Known Member
  • Dec 6, 2016
  • #107
wingy said:
A 3% contribution or is there more to that as my eyes hurt trying to read it?
Click to expand...

Not sure what you are referring to

Ctrl and + will enlarge screen shot lol
 

chiefdave

Well-Known Member
  • Dec 6, 2016
  • #108
oldfiver said:
View attachment 6039
Click to expand...
I get that but isn't that just giving detail of how they arrived at the valuation. A couple of pages before that it states that the valuation is the amount they would expect if the lease was sold on the valuation date. Which would mean its not a random amount for accounting purposes or a potential future earnings figure.

So we know that in Nov 2014 ACL was worth £5.54m with the 50 year lease. We also know at that time a 200 year extension was worth £1m.

Then 4 months later the lease alone is worth £48.5m.

Now with the best will in the world there's no way Wasps turning up has added tens of millions to the value to the lease so the question is, when Wasps purchased ACL and a 200 year lease extension for a total of £6.5m what was the lease valued at?

ACL I presume had other assets and of course there was the loan of £14m.

So lets say Wasps paid £6.5m for everything and paid of the loan. That's £20m in total and in return they got 100% ownership of a company with an asset worth £48.5m?

It may well be all above board but it just doesn't seem right to me. Theoretically they could have sold the lease on the date of valuation, folded ACL and be £28m up!
 
Reactions: torchomatic
A

AVWskyblue

Well-Known Member
  • Dec 6, 2016
  • #109
chiefdave said:
I get that but isn't that just giving detail of how they arrived at the valuation. A couple of pages before that it states that the valuation is the amount they would expect if the lease was sold on the valuation date. Which would mean its not a random amount for accounting purposes or a potential future earnings figure.

So we know that in Nov 2014 ACL was worth £5.54m with the 50 year lease. We also know at that time a 200 year extension was worth £1m.

Then 4 months later the lease alone is worth £48.5m.

Now with the best will in the world there's no way Wasps turning up has added tens of millions to the value to the lease so the question is, when Wasps purchased ACL and a 200 year lease extension for a total of £6.5m what was the lease valued at?

ACL I presume had other assets and of course there was the loan of £14m.

So lets say Wasps paid £6.5m for everything and paid of the loan. That's £20m in total and in return they got 100% ownership of a company with an asset worth £48.5m?

It may well be all above board but it just doesn't seem right to me. Theoretically they could have sold the lease on the date of valuation, folded ACL and be £28m up!
Click to expand...
Only problem with that theory Daventry is getting someone to buy at that price buddy

Sent from my 5010X using Tapatalk
 
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AVWskyblue

Well-Known Member
  • Dec 6, 2016
  • #110
AVWskyblue said:
Only problem with that theory Daventry is getting someone to buy at that price buddy

Sent from my 5010X using Tapatalk
Click to expand...
Edit... Dave.... damn auto type


Sent from my 5010X using Tapatalk
 
R

rupert_bear

Well-Known Member
  • Dec 6, 2016
  • #111
chiefdave said:
I get that but isn't that just giving detail of how they arrived at the valuation. A couple of pages before that it states that the valuation is the amount they would expect if the lease was sold on the valuation date. Which would mean its not a random amount for accounting purposes or a potential future earnings figure.

So we know that in Nov 2014 ACL was worth £5.54m with the 50 year lease. We also know at that time a 200 year extension was worth £1m.

Then 4 months later the lease alone is worth £48.5m.

Now with the best will in the world there's no way Wasps turning up has added tens of millions to the value to the lease so the question is, when Wasps purchased ACL and a 200 year lease extension for a total of £6.5m what was the lease valued at?

ACL I presume had other assets and of course there was the loan of £14m.

So lets say Wasps paid £6.5m for everything and paid of the loan. That's £20m in total and in return they got 100% ownership of a company with an asset worth £48.5m?

It may well be all above board but it just doesn't seem right to me. Theoretically they could have sold the lease on the date of valuation, folded ACL and be £28m up!
Click to expand...
It's called business. Speculation, investment, some come off a little some a lot. Whoever at sisu decided not to get involved with the Ricoh cost their business and possibly investors millions. I wonder if the investor partners know ?
 

chiefdave

Well-Known Member
  • Dec 6, 2016
  • #112
AVWskyblue said:
Only problem with that theory Daventry is getting someone to buy at that price buddy
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Surely if finding someone to buy at the valuation price would be a problem it would be an indication the valuation is too high?
 
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oldfiver

Well-Known Member
  • Dec 6, 2016
  • #113
chiefdave said:
I get that but isn't that just giving detail of how they arrived at the valuation. A couple of pages before that it states that the valuation is the amount they would expect if the lease was sold on the valuation date. Which would mean its not a random amount for accounting purposes or a potential future earnings figure.

So we know that in Nov 2014 ACL was worth £5.54m with the 50 year lease. We also know at that time a 200 year extension was worth £1m.

Then 4 months later the lease alone is worth £48.5m.

Now with the best will in the world there's no way Wasps turning up has added tens of millions to the value to the lease so the question is, when Wasps purchased ACL and a 200 year lease extension for a total of £6.5m what was the lease valued at?

ACL I presume had other assets and of course there was the loan of £14m.

So lets say Wasps paid £6.5m for everything and paid of the loan. That's £20m in total and in return they got 100% ownership of a company with an asset worth £48.5m?

It may well be all above board but it just doesn't seem right to me. Theoretically they could have sold the lease on the date of valuation, folded ACL and be £28m up!
Click to expand...

The WASPs argument runs - they have created added value by their brand and additional long term income streams
However, this is totally predicated on forecasts prepared on Month 4 by WASPs directors

Your other point - A couple of pages before that it states that the valuation is the amount they would expect if the lease was sold on the valuation date - I think is a bit spurious as it has insufficient history to support the theory.What can you forecast based on 4 months figures and how far forward
Incidentally 50 years lease would not have valued any where near as high
It is not an accounting exercise but the Valuation was for the Bond issue. The auditors have relied on this in preparing the accounts having tested some of the numbers. But they do not have a crystal ball either!.
 

Astute

Well-Known Member
  • Dec 6, 2016
  • #114
chiefdave said:
Surely if finding someone to buy at the valuation price would be a problem it would be an indication the valuation is too high?
Click to expand...
It is valueless because nobody would be interested in the Ricoh
 
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oldfiver

Well-Known Member
  • Dec 6, 2016
  • #115
chiefdave said:
Surely if finding someone to buy at the valuation price would be a problem it would be an indication the valuation is too high?
Click to expand...

But that premise was not tested so you have rely on good old fashioned theory !
 

chiefdave

Well-Known Member
  • Dec 6, 2016
  • #116
oldfiver said:
Incidentally 50 years lease would not have valued any where near as high
Click to expand...
Interesting. Would it therefore not have been in the council's interest to sell ACL a 200 year lease extension prior to the sale to Wasps?

Seems odd not to, especially as the extension was agreed in the same council meeting as the sale of ACL.
 
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AVWskyblue

Well-Known Member
  • Dec 6, 2016
  • #117
chiefdave said:
Surely if finding someone to buy at the valuation price would be a problem it would be an indication the valuation is too high?
Click to expand...
Exactly my point Dave I was actually agreeing with you

Sent from my 5010X using Tapatalk
 
Reactions: chiefdave

Grendel

Well-Known Member
  • Dec 6, 2016
  • #118
chiefdave said:
Interesting. Would it therefore not have been in the council's interest to sell ACL a 200 year lease extension prior to the sale to Wasps?

Seems odd not to, especially as the extension was agreed in the same council meeting as the sale of ACL.
Click to expand...

More to the point why didn't they extend the lease for the benefit of the charity involved.

It's almost like they wanted it to fail...
 
O

oldfiver

Well-Known Member
  • Dec 6, 2016
  • #119
chiefdave said:
Interesting. Would it therefore not have been in the council's interest to sell ACL a 200 year lease extension prior to the sale to Wasps?

Seems odd not to, especially as the extension was agreed in the same council meeting as the sale of ACL.
Click to expand...

Odd indeed!
It is also odd Higgs have not raised the issue

BTW: It is very difficult to get funding for any leasehold property with <50 years to run
 

fernandopartridge

Well-Known Member
  • Dec 6, 2016
  • #120
oldfiver said:
Odd indeed!
It is also odd Higgs have not raised the issue

BTW: It is very difficult to get funding for any leasehold property with <50 years to run
Click to expand...

The kind offer of the council to extend the lease before their debt was repaid got rid of that little problem.
 
O

oldfiver

Well-Known Member
  • Dec 6, 2016
  • #121
fernandopartridge said:
The kind offer of the council to extend the lease before their debt was repaid got rid of that little problem.
Click to expand...

You might think that but will the Appeal Court?
 

skybluetony176

Well-Known Member
  • Dec 7, 2016
  • #122
Grendel said:
More to the point why didn't they extend the lease for the benefit of the charity involved.

It's almost like they wanted it to fail...
Click to expand...

Either that or they knew it wouldn't sell will the extended lease so not adding it before the sale did benefit the charity as they overloaded something that they no longer wanted for a couple of million rather than have it around their necks like a millstone.
 

skybluetony176

Well-Known Member
  • Dec 7, 2016
  • #123
oldfiver said:
You might think that but will the Appeal Court?
Click to expand...

I love the smell of a non smoking gun in the morning. I think the appeal courts are still laughing at SISU aren't they? Not as much as they're lawyers though. SISU are money for old rope for them.
 
O

oldfiver

Well-Known Member
  • Dec 7, 2016
  • #124
I doubt they are laughing - have you seen that lot doing the BREXIT appeal?
 

skybluetony176

Well-Known Member
  • Dec 7, 2016
  • #125
oldfiver said:
I doubt they are laughing - have you seen that lot doing the BREXIT appeal?
Click to expand...

SISU are behind the brexit appeal?
 

oldskyblue58

CCFC Finance Director
  • Dec 8, 2016
  • #126
chiefdave said:
Interesting. Would it therefore not have been in the council's interest to sell ACL a 200 year lease extension prior to the sale to Wasps?

.
Click to expand...

I discussed that very point years ago with Paxman.neither could understand why longer leases were not in place.

Sorry not come back on any of this earlier.... had other hip replaced on Saturday so busy getting better. All went well was home Monday and had a couple of short walks outside on my crutches already.

Any way points to make not just to you
If Sisu challenge the value of ACL in October 2014 it will be as things stood at that date. ACL short of cash making losses no major sports tenant and a short lease valued in the accounts at 18m.
What Wasps got the lease valued at later in their accounts and bond purposes doesn't really count for much. Certainly doesn't directly affect the share price on council sale unless it can be proved the lease at that date was grossly undervalued - short lease regularly valued trading problems case flow problems renovations needed etc Makes nice headlines to spin sold for 5.5m but lease worth 40m but in law courts am not sure that carries any weight..... the headline doesn't actually match the facts. Other than to have any effect other than background. The nature of the lease had changed, not just in length and therefore value but there was a major sports franchise with a lease to play there. I do not mean the main lease I mean one for wasps rfc Two different scenarios.
Could the strutt Parker valuation Indctate a problem possibly but the uplift wasnt 40m More like 20m
When you buy shares then the price reflects the control you sell on.the council owned 50% so an element of discount would/could have been used.
This was not a new business it had financial history well defined systems and records it had financially aware management it had its own plans and budgets and that was before wasps investigation and due diligence.the figures didn't just appear month four.... there were events in place contracts leads tenants going forward..then there was what could be planned and added by wasps. If it existed at sale date Council sold they were relevant to the value of the ACL shares if not then they influence nothing.
Was there a legal contract at date of sale to extend the lease to 250 years that is something that needs clarifying. If not then it can not affect the share value materially....how do you value an intention? The 250 year extension didn't exist until January 2015
But that's another point its an extension of an existing lease. ACL owned the lease who else could extend it ? ACL still own the lease. Isn't the logic that to extend the lease you have to own it in the first place and doesn't that restrict market and value?? So the lease extension could not meaningfully be offered to Ccfc could it ?
Auditors have to form an opinion of fair value on any asset under IFRS or FRS 102 that means forming an opinion on future income streams and other professionals valuations it is not an uninformed guess. Or for that matter just accepting what someone else says
Strangely both Yorkshire bank and the council found a basis by which to finance a loan based on under 50 years

Sisu will need to reject much of what they argued in JR1 argue greater value existed that they under bid for before even beginning to form a case for compensation. Prove they had the right to be offered a lease extension on something they had no element of ownership. if they win JR2 I am not sure I see much value but to be honest I don't see them winning. .the council officers are clearly no fools but the wasps team seem very sharp and planned. Both used to disputes

Guess we wait to see where it all goes from here
 
Last edited: Dec 8, 2016

Captain Dart

Well-Known Member
  • Dec 9, 2016
  • #127
oldskyblue58 said:
Sisu will need to reject much of what they argued in JR1 argue greater value existed that they under bid for before even beginning to form a case for compensation.
Click to expand...

This is what makes me laugh most, JR2 and JR1 have seemingly contradictory arguments.
Which make me think this is litigation for litigations sake not to resolve mistreatment or unfairness.
 
Reactions: montydon87
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shy_tall_knight

Well-Known Member
  • Dec 9, 2016
  • #128
Thanks OSB58, informed response with no need to snipe at fellow fans.
 
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