PDA

View Full Version : NA/CU may not have to pay



SoonerBK
6/16/2010, 03:47 PM
Much of the reporting on the financial conditions required to ensure the survival of the Big 12 has centered on potential buyout penalties to be paid out to remaining members of the conference by Nebraska and Colorado.


Multiple outlets have reported that Nebraska and Colorado will be required to pay the league between $6 and $10 million for the privilege of leaving the league. It has also been widely reported that as part of the negotiation to keep the league alive, the Big 12’s five have-not schools agreed to hand over that alleged NU and CU buyout money to Oklahoma, Texas A&M and Texas.

Sounds like a plan! If only it wasn’t completely untrue.

As noted by Nebraska Chancellor Harvey Perlman this week, there is no existing Big 12 bylaw that states that teams departing from the league must pay out a penalty fee to remaining conference members.

Perlman noted on KLIN-AM in Lincoln yesterday that, “there is a liquidated damages provision that purports to make the existing members whole,” but that there is no pre-designated charge for leaving the conference.

That doesn’t mean though that there isn’t something in the Big 12 bylaws that will injure NU and CU financially. There is. And it’s the reason both schools are in such a mad dash to escape the league.


Under Big 12 bylaws, up to 80 percent of league revenue can be withheld from Colorado and Nebraska over the next two years, and conference commish Dan Beebe has stated on the record that he has every intention of garnishing 2011 revenue due the two schools.

That is the money that may end up being distributed between OU, UT and Tech. But as Iowa State Athletic Director Jamie Pollard and Missouri Athletic Director Mike Alden noted yesterday, even that cash may not just go to the three schools.

Thanks to conference-wide bowl and television revenue generated by Colorado and Nebraska in 2011, Oklahoma, Texas and Texas A&M may not lose any money in eschewing the Pac-10. If that’s the case, per Big 12 Commissioner Dan Beebe, the NU and CU money will go to all 10 remaining conference members.

The concession undertaken by the five have-nots in compensating Oklahoma, Texas and Texas Tech only kicks in if the three schools are deemed to have lost money because of not making the move to the Pac-10. How that’s to be determined has not been made clear. But it apparently isn’t a lock that the trio of remaining Big 12 power players will see a dime directly from Colorado of Nebraska.

badger
6/16/2010, 03:48 PM
The KU athletic director Perky also talked about it.

Linky (http://www.tulsaworld.com/sportsextra/OU/article.aspx?subjectid=92&articleid=20100616_231_0_LAWREN188097)


Athletic director Lew Perkins also said Wednesday the five offered to share money from their portion of overall conference revenue, not whatever penalty money Colorado and Nebraska wind up paying for leaving the Big 12.

KantoSooner
6/16/2010, 03:50 PM
You mean Beebe might have overstated the payout? I'm shocked, absolutely shocked!

sluggo sooner
6/16/2010, 03:58 PM
Perlman noted on KLIN-AM in Lincoln yesterday that, “there is a liquidated damages provision that purports to make the existing members whole,” but that there is no pre-designated charge for leaving the conference.

If I am not mistaken, this means that the Conference will keep $$$ that it would have otherwise distributed to NU and CU. Perlman may be correct in that NU will not be wirting any checks - it just might not be getting any either.

MeMyself&Me
6/16/2010, 04:16 PM
If I am not mistaken, this means that the Conference will keep $$$ that it would have otherwise distributed to NU and CU. Perlman may be correct in that NU will not be wirting any checks - it just might not be getting any either.

This is what I understood the 'penalty' was. I don't see anything new here. CU and NU will get only a percentage of what they would have if they would have stayed. The percentage they don't get will be distributed to OU, Texas, and aTm.

rawlingsHOH
6/16/2010, 04:27 PM
I'm sure the ADs, from all 10 universities, know a hell of a lot more about this than any of us do.

They know the rules.

OUthunder
6/16/2010, 04:35 PM
So CU and NU are playing for free? Cool.

BudSooner
6/16/2010, 04:39 PM
Sounds fair enough.

Mad Dog Madsen
6/16/2010, 04:42 PM
Who is NA?

HappyClappyMackBrown
6/16/2010, 04:42 PM
Sounds fair enough.
http://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpghttp://telepromptedanthems.files.wordpress.com/2008/07/u-mad1.jpg

Mad Dog Madsen
6/16/2010, 04:43 PM
I'm sure the ADs, from all 10 universities, know a hell of a lot more about this than any of us do.

They know the rules.

I totally disagree. The real brains are on message borads... DUH! :rolleyes:

BudSooner
6/16/2010, 04:44 PM
Wow, I didn't expect to see that again. :rolleyes:

Leroyt
6/16/2010, 07:42 PM
So CU and NU are playing for free? Cool.
Even at $0, they're both overpaid.
Me? I'm clearly...
http://www.oldsoftware.com/images/mad.jpg

Herr Scholz
6/16/2010, 07:55 PM
Yeah, right. I'll put our lawyers up against theirs any day. And the conference headquarters are in which state again?

Dio
6/16/2010, 11:38 PM
GIMME MY MONEY BITCHES!!!!!

badger
6/17/2010, 08:28 AM
http://i50.tinypic.com/2igg4kk.jpg
;)

Theskipster
6/17/2010, 09:40 AM
The penalty is the Big XII will hold back 50% of the leaving team's shared revenue for 2 years if you give 2 years notice. If you give less than two years notice, the percentage withheld increases.

18 - 24 months notice - 70%
12 - 18 months notice - 80%
6 - 12 months notice - 90%
Less than 6 months - 100%

So Colorado will lose 50% for the two years they are in the Big XII and Nebraska will lose 80% until they leave on July 1, 2011.

But Nebraska is saying that because of how everything went down and that the remaining schools are going to make more money, it is ridiculous that they should be penalized. Even though the Big XII bylaws state:

If a Member Institution gives proper Notice pursuant to Section
3.1 (a “Withdrawing Member”), then the Members agree that such withdrawal would
cause financial hardship to the remaining Member Institutions of the Conference, and that
the financial consequences cannot be measured or estimated with certainty at this time.

Then lists the penalties.

sooner94
6/17/2010, 11:42 AM
The penalty is the Big XII will hold back 50% of the leaving team's shared revenue for 2 years if you give 2 years notice. If you give less than two years notice, the percentage withheld increases.

18 - 24 months notice - 70%
12 - 18 months notice - 80%
6 - 12 months notice - 90%
Less than 6 months - 100%

So Colorado will lose 50% for the two years they are in the Big XII and Nebraska will lose 80% until they leave on July 1, 2011.

But Nebraska is saying that because of how everything went down and that the remaining schools are going to make more money, it is ridiculous that they should be penalized. Even though the Big XII bylaws state:

If a Member Institution gives proper Notice pursuant to Section
3.1 (a “Withdrawing Member”), then the Members agree that such withdrawal would
cause financial hardship to the remaining Member Institutions of the Conference, and that
the financial consequences cannot be measured or estimated with certainty at this time.

Then lists the penalties.

Thanks for posting that. I am not a lawyer, but I deal with a lot of lawyers as part of my job and get some insight on the different positions taken in litigation matters. It will be interesting to see how the remaining 10 teams prove "financial hardship" as defined above when it appears there will be no drop in revenue (basically Nebraska's argument). Or is the argument that there would have been bigger TV contracts if the 2 teams did not leave, and an argument is made for that being financial hardship.

If I was a betting man (which I am), I would say that Neb and Col will lose this one.

Leroy Lizard
6/17/2010, 04:23 PM
Multiple outlets have reported that Nebraska and Colorado will be required to pay the league between $6 and $10 million for the privilege of leaving the league. It has also been widely reported that as part of the negotiation to keep the league alive, the Big 12’s five have-not schools agreed to hand over that alleged NU and CU buyout money to Oklahoma, Texas A&M and Texas.

I realize that money makes the world go round, but any money paid out by NU and CU should be distributed equally or at least according to a reasonable formula (e.g., attendance, operating expenses...)