The Friedkin Group - Dan & Ryan Friedkin

What do we reckon?

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Exactly. So there is no chance of us having to pay one, and then also having to pay the other. Ultimately, a court will eventually decide who is owed the money, and then subsequently, Everton will be obliged to pay all or some of the money back.

That’s the level of ‘complexity’ we are dealing with. I don’t think it’s overly complex, and I think it’s something our new owner will simply have to contend with. If they aren’t capable of contending with that, then they aren’t capable of taking over Everton.

The reported concerns about proceeds of crime are just BS in my opinion. Everton will have committed no crime in entering into a commercial loan with 777, even if 777’s money was derived from selling crack to school children.
Yes. Regardless of how some posters have taken what I’ve said (and others) about legal issues connected to repayment of the 777 loan, I don’t have any real apprehension that Everton have received stolen funds or engaged in criminal activity.

I think it’s all civil and it’s essentially a series of investors fighting over 777’s assets, which include commercial paper, i.e., debts owed to 777 (which are assets).
 
Exactly. So there is no chance of us having to pay one, and then also having to pay the other. Ultimately, a court will eventually decide who is owed the money, and then subsequently, Everton will be obliged to pay all or some of the money back.

That’s the level of ‘complexity’ we are dealing with. I don’t think it’s overly complex, and I think it’s something our new owner will simply have to contend with. If they aren’t capable of contending with that, then they aren’t capable of taking over Everton.

The reported concerns about proceeds of crime are just BS in my opinion. Everton will have committed no crime in entering into a commercial loan with 777, even if 777’s money was derived from selling crack to school children.

We wont be paying twice mate, that's for sure. The court will rule on it, i believe there has been some judicial process already but nothing came of it - so far or that is in the public domain, no one really knows the time line - even with a decision you could be looking at an appeal process as well.

When a decion is made, we can negotiate around a haircut or repayment, in a way you prob have a better chance with ACAP. But the face ache is we cant restructure the debt until we know the outcome and that would be high on the list of any investor.

Theoretically yes its not impossible to overcome, but in another way i would query the competency of someone who would do it as its a risk - what i mean by that is something like this opens the door to chancers like 777. They were willing to take on huge amounts of risk and give a great deal for Moshiri - to get a seat at the table and now look where we are. I think any competent owner isnt throwing unnecessary money at this. You also have to remember if they are paying 200 for escrow thats 200 mill less then they have for the club.

Its also complicated by the fact that if ACAP lets say agree to hair cut of 100 mill - who gets the benefit of that? That will be an argument between the buyer and Moshiri - he will want an increased price because the club just made 100 mill and the buyer will want the benefit so the club is cheaper. Its not as straight forward as it all suggests. Therefore id have a concern about someone willing to take this on by just paying the 200 mill.

I agree there is a lot of projecting and maybe sensationalising around this that is unhelpful, theoretically, this could escalate to those criminal things, equally in most cases it does not, essentially you have to deal with what we have at the moment which is a civil case and a dispute over security of debt and who ownes what, anything else is speculation.

My own take is the Fredkin's were right to pull out and id query anyone else as competent if they were taking on the risk profile such as it is at the moment. I think the Fredkin's could be back - one thing that is telling is they now have skin in the game, they've gone, but not far.
 
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Putting £200 mill into an escrow account is possible but would be stupid mate.

Firstly - there is a strong chance 777 and ACAP themselves go into administration or are sanctioned - therefore as a buyer you fancy your chances of negotiating down your debt with ACAP better to get a bit of something now then a whole of something down the line. The bigger question there would have been who would have got that benefit Moshiri or The Fredkin group. However that's impossible now after the court ruling on July 10th.

Secondly - its really bad business to put £200 million somewhere, you have no control over, doing absolutely nothing for you, for an indefinite period of time. Its not an insignificant amount of money and their thinking is - they can use that to invest elsewhere for a return. Think about it logically - if they end up eventually buying Everton is that £200 mill better spent investing in the playing squad in terms of asset appreciation or even at Roma as opposed to sitting in an escrow account for years doing nothing. Putting in escrow is possible but its makes 0 business sense. Id query their competency if they did it.

Why would you anyway the loan doesn't fall due until 2026.

Which brings us back to my original point.

All of this was in the public domain prior to TFG entering into exclusive talks.
 

Its all a bit legal but surely the injunction clause quoted does not prevent any debt being paid to 777/A-Cap based on the text this would be stated as normal business.

'The Court enters a preliminary injunction that, other than in the normal and ordinary course of business: (A) prohibits selling, transferring, converting, pledging, or encumbering the assets pledged as collateral by the Borrowers to Leadenhall under the Loan and Security Agreement dated May 7, 2021'

Surely payment by a debtor would be normal course of business, they can't prevent a debtor paying off a loan as early as this unfailry disadvantages the debtor with interest payments and such forth. There will be claused in the loan that specifically state this ability regardless of what a US court does they can only stop 777 using the received funds.

Sorry, I missed this mate. I’d agree that the injunction (as it’s being interpreted) would penalise an innocent debtor, such as Everton if it prevents us from settling our liabilities and progressing our business ambitions.

From your reference, it also only places limitations on collateral offered by 777 in their agreement with Leadenhall in an agreement dated May 7, 2021. Did 777 even have any involvement with Everton on May 7 2021? If they didn’t, then I agree that we are entitled to negotiate and pay ACAP without their being any recourse for Leadenhall.

Studying the strength and applicability of the injunction clearly is a complex task, and something that is beyond my capability.

However, regardless of the legal shenanigans, people shouldn’t lose sight that the worst case scenario is that Everton would have to pay back what they have borrowed, which I don’t think should be seen as some kind of shocking expectation, and it’s just something that any new owner of Everton will simply have to contend with.
 
It could be delusion but I think they're still in the mix , feels like some business shenanigans to get a better deal, also they had to know about the 777 court stuff before the Roma friendly was setup you think. Also according to one of the journalists last week there was a mystery buyer still waiting to announce themselves so if it's not the friedkins I think someone will ultimatum make a move despite the complications that are present with the club's finances
 


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