> -----Original Message-----
> From: Sean Emmott [mailto:[EMAIL PROTECTED]
> Sent: 02 August 2007 12:55
> To: thecasses
> Cc: Sean Emmott; Mark Humphries; [email protected]
> Subject: Re: [LU] The final countdown
> 
> On Thu, August 2, 2007 12:34 pm, thecasses wrote:
> 
> > So I seriously doubt anyone would realistically think its the FL
> bending
> > over backwards to help Leeds (althi Im tipping I may get a response
> for
> > the anti-Bates crowd later onthis evening)
> 
> The FL's rules (of which Bates hould have been aware  - if he wasn't it
> was grossly incompetent) clearly state that a club can't transfer the
> golden share except through completion of a CVA*.  Exceptional
> circumstances are not defined but we are told the FL do not consider
> that
> the circumstances are exceptional (and even as Leeds fan I can't see
> what's exceptional about them) so the FL can only let us transfer the
> golden share by breakingn their own rules.  If they do that then they
> will

This is the point of debate, what the fuck IS exceptional if its not a
successful CVA challenged on a technicality by another creditor?

LUFC tried to go through a successful CVA but were challenged, and the
administrators decided it would be in the best interests of the club to
scrap the CVA and sell outside.  The creditors as a result got more money
than in the CVA.  Therefore the club did not deliberately avoid a CVA or
gain financially from not going through the CVA.  

Those circumstances are exceptional and unprecedented.  The main whingeing
on behalf of other clubs was that they had to pay a higher % to creditors
when they went through their CVA.  That is irrelevant, the best offer to
creditors is the best offer whether that is 1% or 100%.  Thanks to the FL it
is a democratic process, the more you are owed, the more weight your vote
has.  I know there are seemingly dodgy circumstances surrounding Astor, but
again that is irrelevant to the process, unless proven in a court of law etc
etc.  

The fact a legal/successful cva was challenged by someone like HMRC is
exceptional - again HMRC's goal here was not to maximise the money it got
from LUFC, it was to challenge football's preferential status.  They would
have challenged regardless of the %.

That, to me, constitutes exceptional circumstances.



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