ClaretPete001 wrote: ↑Fri Jan 21, 2022 8:56 pm
So, if ALK defaulted on the loans to JB / MG but not MSD you are suggesting that theoretically MG /JB would be contractually allowed to take their shares back but presumably would have to incur the liability of the 60 million pound loan from MSD.
In other words JB / MG would effectively have borrowed 60 million quid from MSD to pay themselves and in turn the money would be secured by the assets of Burnley Football Club.
Somewhere out there is 42 million quid, which is unaccounted for but at best the club would inherit a 60 million pound debt.
If the club is relegated the 68 million still owed to MG /JB disappears but the club still has to service at least 60 million quid's worth of debt or simply absorb the repayments - so theoretically 60, 70 , 80 million would be held on its balance sheet to be funded at some future point dependent upon the repayment method.
If the club did get relegated and did not get promoted back immediately that debt would begin to look quite substantive. The clubs turnover would plummet from 140 million to around 40 / 50 million within 3-4 years (that is the experience of other clubs of our size relegated from the Premiership) and at that point we would have a turnover of 40 - 50 million and debts of potentially over 60 million.
On the upside, the club could stay in the premiership and in 3 or 4 years time ALK could realise the value of their asset? The only problem with that is that only one club of our size has managed to do that - Blackburn Rovers when it was bankrolled by Jack Walker. Since then Premiership clubs are owned by Oligarchs, billionaires and Arab states.
And then there is ALK a company with no trading history, a web site, which shows no activity and a company that has no obvious signs of being able to generate income other than an investment in an AI product.
Seriously, Paul you cannot think that is good news for Burnley FC.
ClaretPete001 wrote: ↑Fri Jan 21, 2022 9:09 pm
And herein lies the problem
If ALK cannot meet the 68 million to MG / JB then they will be lumbered with at least a 60 million debt from MSD.
A company that cannot even afford a decent web site is not going to fund a 60 million debt on an asset they do not own.
MSD would would liquidate the assets of the club....!
You are asking us to believe that an American venture capital company is so utterly stupid they have allowed a loophole whereby MG / JB can get back their asset and keep 102 million quid because MSD are too stupid to know any better.
This is not any kind of business reality that I have ever encountered I can only assume I have misunderstood your point.
Hi Pete, "so if ALK defaulted on the
loans to (sic) MG / JB but not MSD..." No, that's not what I'm saying, rather exactly the opposite. (ALK, btw has received
loan from MG/JB not given
loan to them). The Term Loan Agreement which governs the
loan from MSD to ALK will include language that also references the
loan from MG/JB to ALK (and any other ALK indebtedness) and it will include what is called a "cross-default" clause, such that if ALK default on the loan from MG/JB then it will also be a default on the loan to ALK from MSD. In that way MSD can seek all the remedies that are included in the TLA and MSD will be "calling the shots" on what happens next.
Keep in mind that we can all read the "charges" that MSD holds over Calder Vale, Kettering Capital and BFCHL (and other BFC entities). These are (part of) the security that MSD holds for the £60 million loaned to ALK.
However, as we can't read the Term Loan Agreement - it's not in the public domain and we only know of its existence because it's mentioned several times in the Debenture (i.e charge) between Calder Vale and MSD - we can only speculate as to the specifics in the TLA with respect to the shares in the club. I think I'm right in saying that Alan Pace has stated that MG will get the club back if ALK don't pay the 3 instalments (I hope my memory is accurate on this - but, I've not been keeping notes on everything), so, I'm guessing that there is some arrangement between MG/JB and MSD as to how this happens. Pure speculation on my behalf, but maybe MG/JB have to pay something to MSD towards any default by ALK on the loan from MSD... (If I'd have been writing this agreement, I'd have got a bank guarantee that was in part covered by MG/JB cash deposit or other assets). So, my speculation would be that MG/JB get the shares to the club in return for paying off (some of) the £60m loaned by MSD.
So, as I say, a default by ALK would end up very differently from the way you describe. MG/JB get the club back, but the club doesn't have any continuing liability to MSD for the £60m loan to ALK because MG/JB only get the club back if they pay something towards clearing the MSD loan - and they do this from the money they rec'd for their sale of shares in the first place.
Cutting a long (and speculative) explanation short: MG / JB get the club back almost as if they never sold it in the first place. Of course, this will only happen if ALK's ownership doesn't come to fruition in the way that they plan and BFC is successful.
Yes, I've seen this before in the corporate world - a firm wants to sell a business, a sale is achieved, but then the new ownership doesn't succeed and the business ends up back with the original owners.
Re ALK trading history, website etc: Alan Pace set up ALK to buy an English football club - the letters "A L and K" are the initials of his 3 daughters. We shouldn't be looking for any "trading history" because it's a new entity set up for the purpose it is pursuing. The small investment in AI Scout (and I think there's another one?) is just part of this plan. But, the plan is successful ownership of Burnley Football Club and success is defined as participating in the increasing value of the Premier League and the clubs in the Premier League over the coming years. ALK's view is that the Premier League will increase in value in a similar way to the increase in value of the US sports leagues. The big driver of this increase in value will come from world wide audiences for the sports. The big challenge for ALK (just as for any owner) is keeping Burnley in the Premier League.
ALK's success will be the "good news for Burnley FC" and for all us Burnley fans. If they don't success, at least someone "gave it a go." If they don't succeed Burnley FC will be starting again, maybe in the same place as we would have ended up if MG/JB hadn't sold the club or maybe where BFC would have ended up if any other owner had come in.
Exciting times.
UTC