Recap as it looks:
A company can sell assets and then go into admin so long as the sale was at a fair value with a fair process.
In this case, the lease.
If the company enters admin after, any money / assets left are distributed between creditors in order (secured - HMRC - unsecured etc.)
I guess it’s like selling a house in a divorce to some extent. Pay the mortgage off first, rest gets divided after secured loans are paid then split rest (or give to her in most cases by court order but that’s off subject)
I’m thinking the Trustees to Bondholders has to give permission to release the asset to be sold. Compass too.
Eg.
If MA offers 40m and that goes to bondholders (35) Compass (2? - don’t know don’t care) it’d leave 3 to go back into ACL bank account.
It may well be that ACL goes into admin after and that 3 gets split between remaining creditors.
Since the sale of asset has been dealt with (apparently) correctly then the director of the company at point of sale is unlikely to be held accountable after.
Similarly if the sale of asset is £50m and £37m to secured creditors (which triggers release of title) then £13 to ACL and to admin pot if applicable.
If the bid is £20m then the Trustees of the Bondholders might accept. If they do then they will release title / charge so that that asset can be transferred. The £20m will be split to bondholders but that’s no concern if ACL how.
MA / NEC won’t have to buy ACL in full I don’t think.
The council will probably have a transfer clause - hence their involvement.
I think that’s about right in layman’s terms. If I’ve got it wrong then let me know.