oldskyblue58
CCFC Finance Director
My God it's long time ago - the administration! Back then I was quite confident I had a grasp of the essentials, but my memories are failing me now.
Didn't the price of £1.5m include some £590t (give or take some thousands) to ACL? If so, then Otium will surely have to find the remaining from their own accounts.
I speculated back then that the bid was constructed to make sure ACL would receive what they were owed. That's why the bid wasn't £1m or £2m but this kind of strange number.
The problem could be if Appelton's bill exceeds the expected amount as he has first priority.
Still I would expect the majority of the money to ACL is sitting in Mr Appelton's account.
Don't think it did. The liability is payable Otium as a condition for being awarded the Golden share
The £1.5m was paid by Otium 27/06/13 the CVA rejection and awarding the share happened 02/08/13. There is a breakdown of what was bought by Otium or included in the 27/06 deal and the liability of £590k is not mentioned. Nor is it mentioned in Appleton's final administration report 27/09/13. By that time costs had risen to 1.2m with still more of his fees as liquidator to come. The £590k isn't sitting with Appleton. That leaves Otium having to find £590k by 31/05, more debt I assume to ARVO, but is a liability of Otium not CCFC Ltd or the administrator
I suspect that the £590k will be used as some bargaining tool in some way. Certainly if they did come back you might expect it to be tried to be used as a down payment. It isn't. It should have been compensation to the landlord for breaking the lease but the CVA failed. The only contract for it would seem to be between Otium and FL as a condition of the Golden share. ACL have to wait to see if the FL will enforce their rules. The remedy for non payment may well not be points deduction or a fine it could well be suspension of the share with all that might mean. I would expect legal wrangling over it still to come