Just listened to the PWKH interview for the first time. I don’t pretend to be an expert, so apologies if I’ve got any of this wrong (and especially if I’m sowing false seeds of hope).
1) He said that Higgs “would like to accept” the Wasps offer for their shares – that suggests to me that no formal or enforceable deal has been done. Anyone know?
2) He said that the offer from Wasps had triggered a contract clause to give the liquidator of CCFC Ltd. “an opportunity make the purchase” (presumably by at least matching the Wasps offer?). I believe that within ACL each party has the right to veto any sale of the other party’s shares, and that the Council’s right of veto has now passed to Wasps. But does that really extend to vetoing the company which has a contractual option to purchase? What I’m asking is – could Wasps actually veto a sale of the Higgs shares to CCFC Ltd? Has anyone got access to the contract documents for a definitive answer to that?
3) He said that the liquidator can “pretty much do what he likes” if it benefits the creditors of CCFC Ltd. If correct, that seems to provide quite a lot of leeway and room for manoeuvre.
4) The 30 days is just an interpretation of the legal requirement for a “reasonable time”. Higgs wouldn’t expect a deal to be completed within that time – in fact if I got it correctly, all they need within 30 days is an indication of whether CCFC Ltd. INTEND to make an offer. If that’s right, the time frame isn’t as impossible as some people have said on this thread (or has been reported by the Telegraph). Again – can anyone clarify this?
5) The option still rests with CCFC Ltd. because no-one asked Higgs to reassign it when SISU set up the new company structure for the club. WHAT?!
6) A final thought, nothing to do with anything said by PWKH. Just supposing a far bigger bid came in for the Higgs shares from a completely new party – would Wasps really veto it at the expense of the charity? I believe the charity is bound to do the best thing for itself financially, and under those circumstances, might they not just refuse to sell their shares to Wasps?
The Council and the Higgs have both basically said that the ball is now in SISU’s court, to decide whether they want to bid for the shares or not. Even by the standards of this sickening and bitter dispute, if that turns out to be a piss-take (of the fans as well as SISU) they will have plumbed new depths. And if there really is still a way for the club to get a half share in the Arena, and SISU pass it up in favour of their new stadium, they can stuff it. I’ve had enough of these games now.