[外電] Hawks battle tilts to Belkin（下）
Million dollar question
The National Basketball Association and the National Hockey
League, both of which must approve changes of ownership, were
reviewing the ruling late Friday and had no comment. "It would
not be appropriate to comment at this time since we have just
learned of the decision," said NBA spokesman Tim Frank.
NBA 跟NHL 都必須核可所球隊有權的改變。目前他們沒有任何評論。
The ruling came one week after a hearing at which Johnson said
"the remedy could fall short" of Belkin's request and —
"thinking out loud here, probably not a good idea in a room
with this many lawyers in it" — suggested the court conceivably
could find "no harm, no foul" and restart the buyout process from
the point at which any breach occurred. At last week's hearing,
the judge also implored both sides to consider mediation to
settle the dispute.
除了判亞特蘭大與華盛頓這一方違約外，法官也希望兩造能達成和解。
But in a written ruling Friday, Johnson said the other seven
owners "failed to perform [their] obligation" to buy out Belkin
and thus gave him the right to buy their stakes "for a purchase
price equal to [their] aggregate contributed capital."
The judge wrote: "The multi-millon dollar question in this case
is this: Is [Belkin] entitled to the remedy spelled out in [last
summer's buyout agreement]? The short answer is yes."
The other owners' aggregate contributed capital was about $31
million as of February, according to an affidavit filed in the
case, but it might have increased with additional contributions
since then. During last week's hearing, an attorney for the other
owners said that if Belkin were allowed to buy them out at cost,
he would be getting the franchises and Philips Arena operating
rights for a fraction of their value.
Belkin 用成本價 31M 就可以買下老鷹與 Thrashers。
Belkin agreed last August to sell his stake in the teams and
the arena rights to the other owners for a price to be set by
a series of up to three appraisals of fair market value.
Disagreement about the appraisal process arose in November,
when Belkin filed the lawsuit.
Belkin去年答應賣出持有股份，接著進入三位估價人一連串的估價行動
，計算 Belkin 持有股份之市值。十一月，估價發生問題，兩邊又在法
院相見。
Other owners in the wrong
Johnson ruled Friday that the other owners breached last summer's
agreement to buy out Belkin by failing to engage a third appraiser
within five days of objecting to a second appraisal in December,
and again by missing a deadline to pay Belkin for his stake.
法官的理由是其他所有人沒有在十二月的時候，五天內決定第三位估價
人來進行二次估價，也因此沒有及時付錢給 Belkin。
"This Court finds as a matter of law that ... 'time was of the
essence,' " Johnson wrote.
The other owners had argued that Belkin's lawsuit interrupted
that process and that they weren't obligated to complete the
buyout with the matter still in litigation. The judge disagreed,
writing: "There is simply no case law cited by either party that
would allow the Court to stay the operation of this contract."
其他合夥人主張，Belkin的訴訟打斷了買斷過程，且他們沒有受到被反買
斷義務之管束。法官不同意。
The first two appraisals valued Belkin's 30 percent stake at $88
million and $140 million. In court filings, the other owners
called both figures "grossly excessive" in light of Belkin's
$11.7 million investment.
前兩個估價人分別估出 88M 與 140M，其他老闆認為那實在太誇張，因為
Belkin 之投資金額差不多只有 11.7M。
In the Friday night e-mail to employees, Levenson and Gearon
called the judge's ruling "disappointing" and wrote: "We
apologize for the distraction, but we have complete faith in
our management team and each of you to continue to improve all
facets of our company."
Long-simmering tensions between Belkin and the other owners
erupted last summer when Belkin attempted to block the Hawks
from making a trade for guard Joe Johnson.
Hawks general manager Billy Knight, who last summer famously
refused to shake Belkin's hand outside court, could not be
reached for comment Friday night. Through a spokesman,
Hawks-Thrashers president Bernie Mullin and Thrashers general
manager Don Waddell declined to comment.
去年風暴中的主角之一：拒絕與說謊者握手的爆走Knight，依然無法聯
絡上；總裁 Bernie Mullin 與 Thrashers 總管 Don Waddell都拒絕回
應。
Belkin's lawsuit was filed in Maryland because last summer's
buyout agreement stipulated that any resulting legal action
would be taken there. Three of the owners — Levenson, Peskowitz
and Todd Foreman — own a business information company based in
Rockville, Md., near Washington.
--
※ 發信站: 批踢踢實業坊(ptt.cc)
◆ From: 61.230.45.76
Hawks 近期熱門文章
PTT體育區 即時熱門文章
