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08-27-2008, 11:04 AM
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For those who are wondering what the brouhaha is about - the new CBA retained all of the "defected player" terms of the old CBA, but there was a separate letter agreement which suspended those terms once a satisfactory IIHF transfer agreement was signed. The CBA and Letter Agreement are silent on what happens if that satisfactory PTA lapses.

Based on the wording of the Letter Agreement, I bet that the league loses on this one - and the "defected player" terms are not reinstated.

Originally Posted by CBA Letter Agreement
July 22, 2005

Ted Saskin
Executive Director and General Counsel
National Hockey League Players' Association
777 Bay Street, Suite 2400
Toronto, Canada M5G 2C8

Re: IIHF Player Transfer Agreement

Dear Ted:

This Letter Agreement is a supplement to the Collective Bargaining
Agreement ("CBA"), dated as of July 22, 2005, is incorporated therein and sets forth our
agreement relating to the NHL's efforts to secure a new Player Transfer Agreement with
the International Ice Hockey Federation ("IIHF").

1. The parties agree that the NHL's agreement to eliminate "defected
status" for European draftees is necessarily and expressly contingent on its ability to
negotiate a satisfactory IIHF Player Transfer Agreement, which is substantially consistent
with the terms of past Agreements. In the event the NHL is unable to negotiate a
satisfactory successor IIHF Agreement or make other comparable arrangements to allow
NHL Clubs the opportunity to sign European players, the changes to "defected status"
contemplated in Articles 8 and 10 of the CBA will automatically be tolled, and the parties
will consult regarding whether corresponding and resulting changes to the CBA should
be made.

2. The CBA provisions pertaining to "defected status" will be maintained
"as is" in the CBA, but the understanding of the parties is that such provisions will have
no further force or effect in the new CBA upon the completion of a new IIHF Player
Transfer Agreement. Only in the event that no such replacement Player Transfer
Agreement is successfully completed, shall such provisions have potential application on
a basis to be negotiated by the parties.

3. The parties further agree to confer again no later than August 30, 2005,
in the event a satisfactory Player Transfer Agreement has not yet been negotiated, to
discuss the status of the NHL's efforts to negotiate a new Agreement, and next steps, to
the extent any are necessary.

If this correctly sets forth our agreement, please sign one copy of this letter
and return it to me.

Yours very truly,
William L. Daly
Deputy Commissioner
National Hockey League

Ted Saskin for the
Date: July 22, 2005

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