Balsillie offers delayed move
May 16, 2009
Torstar News Service
http://www.thespec.com/News/BreakingNews/article/567328
Billionaire Jim Balsillie is willing to own the Coyotes and let them stay in Phoenix for another season – with some provisos – if he should be allowed to purchase the team through bankruptcy proceedings, according to documents filed late Friday night.
Calling themselves "good faith" purchasers caught between conflicting stories over who actually controls the financially troubled franchise, lawyers for Balsillie's PSE Sports and Entertainment painted the company as accommodating businessmen in pleading with judge Redfield Baum to consider the $212.5 million (U.S.) offer on its merits.
"We are willing to pay the full purchase price. ... And we are willing to have the team remain in Glendale for a further year if the NHL is prepared to fund the losses for the year and respect the decision of the this court by foregoing any rights of appeal as long as we know we will be permitted to move the team to Hamilton, Ontario for the following season," said an affidavit of Richard Rodier, Balsillie's long-time lawyer and now senior vice-president of PSE.
Rodier says it's still Balsillie's hope for the team to play in Copps Coliseum starting in October. But the rhetoric-filled statement suggests all sides are bearing down for a process that could go longer than the hoped-for 60 days, and portrays the Maple Leafs as the chief opponent to an NHL team in Hamilton.
"Keeping the Coyotes in Glendale benefits the Maple Leafs by enabling them to enjoy the benefits of no competition in the Toronto area, but it is disastrous to the Coyotes' creditors," reads the court filing.
"If the decision is to deny the relocation application or stall the consideration of it, we believe that would likely be on account of an effort to block competition in the Toronto area or a dislike of Mr. Balsillie and would be unreasonable, illegal and an abuse of discretion," said Rodier's dossier.
The harsh words come in the first public statement from the Balsillie camp that it's willing to make a deal with the NHL, which may become necessary should the judge side with the NHL in the bankruptcy proceedings.
The NHL asserts Coyotes owner Jerry Moyes altered agreements to look as if he was in control of the club and misrepresented his authority to both the court and to Balsillie's camp. The NHL maintains it controlled the team since gaining proxy rights for a cash bailout in November.
Rodier went to great lengths in his affidavit to distance himself and Balsillie from any possible Moyes' wrongdoing.
"At no time did anyone suggest that Mr. Moyes did not have the authority he seemed to have," said Rodier. "We did know that the NHL had advanced some funds to the team, but we were unaware of the November proxies or that the NHL had assumed control of the team and that it claims to have been making all decisions."
Rodier suggested to the judge that Balsillie would have no problem being accepted as an owner by the league's board of governors since he already passed once, when he attempted to buy the Pittsburgh Penguins. That deal fell apart when the league asked Balsillie to sign forms committing to keep the team in Pittsburgh.
But at the same time, Rodier also accused the NHL of skulduggery in character assassinations of Balsillie. "There seems to be secret, unwritten and arbitrary practices of the NHL that have allegedly been violated by Mr. Balsillie and for that the NHL seems determined not to deal with him," said Rodier.
Rodier also defends his role in the bankruptcy proceedings in which he arranged for Balsillie to make an opening bid in the bankruptcy auction.
"I did not `engineer' the bankruptcy case," said Rodier. "I explained to (the Moyes camp) that the only way I could see out of Phoenix, given that the team was already bankrupt and also due to the long-term lease with the arena with no provision allowing early termination, was for some sort of bankruptcy proceeding."