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What does future hold for Phoenix Coyotes?
Published September 7, 2009
The future of the Phoenix Coyotes has hung in the balance since owner Jerry Moyes filed for bankruptcy protection in May and Research In Motion co-CEO Jim Balsillie filed a $212.5 million offer to buy and relocate the team.
On Thursday, a Phoenix bankruptcy court will hold an auction for the team that could provide some resolution. Some answers to questions still swirling around the case.
Who is bidding to buy the
team?
There are three bids currently before the court. The first bid
is Balsillie’s $212.5 million offer, which is contingent upon being able to
relocate the team to Hamilton, Ontario. The second is the NHL’s $140 million
offer, which is designed to withdraw the team from bankruptcy proceedings and
allow the league to sell it in a more orderly fashion. The last is a $150
million bid by Ice Edge Holdings, a Canadian group that wants to buy the team
and have it play eight games in Saskatoon, Saskatchewan, in 2009-10.
How will the auction
work?
The judge is expected to take the bids, ask if there’s anyone
else in the open courtroom who cares to file a bid, and hear arguments about
remaining issues in the case. Ultimately, he will determine under bankruptcy
code what the highest and best bid is. The highest bid may not be the best.
Will the case end after
the auction?
Probably not. The judge said that he has so many issues to
decide that he may not decide them before Sept. 14 and hopes to have a final
decision by NHL season. The NHL also guaranteed that it would appeal the case
should it lose.
What issues are
outstanding?
The court is considering a host of issues, including: Whether
it has the legal right to force the NHL to accept Balsillie as a member after
the board of governors rejected his membership application because of character
and integrity concerns; whether it is possible to relocate the team to Hamilton
during the 2009-10 season; who has to pay Coyotes coach Wayne Gretzky and how
much he should be paid; and whether Glendale’s lease can be rejected.
Why does this matter?
This is more than a fight over a struggling NHL franchise. At
its core, it’s a battle over whether leagues can determine the locations of their
franchises and manage the sale of a franchise. If Balsillie wins, it could set
a precedent that damages all sports leagues. His ability to buy and relocate
the Coyotes out of bankruptcy could inspire other owners to file for bankruptcy
protection to circumvent league rules and sell their team to a buyer willing to
pay more if the franchise can be relocated. Should the court force the NHL to
accept Balsillie as an owner, other rejected applicants for ownership in
leagues could see the court as an avenue to force a league to accept their
membership.




