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11-14-2012, 10:01 PM
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Originally Posted by habsinottawa View Post
My question for all the legal folks here is what happens if the AMF is signed by CoG and then there are legal challenges? Is the contract still in effect while the cases are settled, or is it suspended until a resolution?
If the past is any indication (considering the brouhaha over the Hulsizer deal), I think that if the GWI or another group challenges the lease in court, the NHL will not complete a sale to the "Team Owner" until the court case is settled. I hold this opinion because when the GWI was threatening to challenge the legality of the Hulsizer deal, Bettman went into snarl mode (along with the COG) to try to get the GWI to back off. It all became a moot point with Hulsizer, but at the time if felt like the NHL wanted the GWI to back off so that they would have clear sailing.

So, I think that if the GWI takes this to court, the tripartite agreement between Glendale, the "Arena Manager" and the "Team Owner" will go on ice, perhaps for good. Similarly, if a petition campaign is mounted and is successful in forcing a referendum, my guess is that the NHL will hold off on selling to the "Team Owner".

For both of these reasons, I don't see a clear path to finalizing and signing the Jamison lease agreement unless the legal and political opposition is neutralized a priori. That would take a renegotiation of the fundamentals of the deal, which would have to include a substantial drop in the team sale price and a substantial reduction in the AMF. I think that this is eminently achievable with the incoming mayor and council, but would require the NHL to make the financial commitment and for Jamison and the "Team Owner" to take more responsibility and risk with respect to the future financial fortunes of the Coyotes.

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