I know this is a tangent, but I've been thinking more and more about this move into second position on the loans that we did.
1) If you read the transaction, it's pretty clear about who owns the arena. It may only be "a technicality", but in the documents, it specifies that the City purchased the arena. I don't really care what Napear says; he's wrong about a lot of things, and this is one of them.
2) The deal specifies that the bond-holders take the risks -- that if there's a default, the bond-holders, and not the general fund, take the fall.
3) Later, the City comes along and allows the bond-holders to move into second position. Recognize that there are several parties here; the Authority, the Council, the bond-holders, and the tenants.
4) In effect, one party (the City) has told another party (the bond-holders) that they're now in second position. Are you with me so far?
How can one party tell another party that they're now in second? Shouldn't there have been clauses in the bonds that said something about that? Some information given, that these debts may be subordinated at a later date, and this subordination might increase the risks of the bonds, but that's okay, because we will raise the payments (effectively, the bond-holder interest rate) if they do?
If there isn't any such language, under what authority was the subordination done?
What I'm asking is, Was the subordination legal? If the purchase-leaseback agreement says it was possible the Council could do that later, then fine, my question is answered. But if it doesn't specifically say this could happen, I think the bond-holders could sue the City Council for permitting the move.
If it was not legal, this could be good news or bad news. It would be good news if the City could rescind this move before the league approves a move. It would be bad news if the team went ahead and moved, and then the Maloofs said, "But we don't have your money right now, so here's the keys to your arena and a $25M IOU." Because, in effect, the $25M piece of the team really is an IOU.
The bad news would get even worse in the event of a bond-holder lawsuit against the City Council. Remember, many parties are at work here; the leasing authority and the city council are separate entities. The bond holders could easily look at the contract and demand to know where it says that the City had the authority to subordinate.
I really hope the City is able to resolve this, well, today would be good, but as soon as possible. It just seems to me that if the City had no legal basis to move into second, that could be great news for those who want the team to stay. Not saying they would stay; am saying it would improve the odds.
I have a feeling that if the team moves and the bonds are not repaid, the bond-holders would sue -- and probably win. So we should all hope that the move into second can be rescinded.