wrestling / News
Detailed Notes From Today’s Billy Corgan vs. TNA Hearing — Corgan’s Lawyer Says Dixie Told WWE She Won’t Sell To Them Until Corgan Is Out
– Mate Rau, a reporter for The Tennessean, was in attendance for today’s Billy Corgan vs. TNA hearing. Here are the details from today’s hearing, including: Corgan’s side claming TNA in insolvent, that they misled Corgan over financials, the lawyers agreeing not to disclose redacted financial details, another claim that TNA Is not paying talent, that they owe $1.8 million to Anthem (they hold the licensing rights to the TNA library) and that WWE’s offer is lower that Corgan’s estimate in regards to TNA’s liabilities. The TNA side says that things were fine before Corgan ‘s action caused a creditor crisis.
Rau’s full updates are below, but here are a few key highlights:
* Billy Corgan’s lawyer claims Corgan bailed out TNA three times by loaning them money in an agreement that included an insolvency clause, but that TNA misled him about the levels of debt they have, have not involved him in decision-making despite making him President, and that they believe TNA is already insolvent, which means Corgan should take over Dixie Carter’s shares in the company, giving him 92.5% ownership.
* Corgan’s lawyer said that TNA is not paying its bills and is not paying talent as evidence of the company being insolvent.
* Corgan’s lawyer implied that TNA is hiding something.
* Corgan’s lawyer confirmed that WWE made an offer, then lowered it; says the WWE offer is lower than what Corgan estimates to be TNA’s liabilities.
* Despite an agreement to keep the financials redacted, Corgan’s lawyer slipped and said Corgan is owed $1.8 million on one of the loan notes from Anthem, which owns TNA’s video licensing rights.
* Corgan’s lawyer said Dixie Carter told WWE that she won’t sell to them until Corgan is out of the picture.
* Corgan’s lawyer also said Dixie made an offer for Corgan to buy her out, making the point that everyone is trying to make a deal.
* Dixie’s lawyer blames the Corgan lawsuit as a reason why they are unable to pay their bills and pay talent.
* Dixie’s lawyer says this is all a scheme by Corgan to take over the company and force her out and that the lawsuit has hurt TNA’s financial situation.
* Dixie’s lawyer claimed TNA’s current ownership situation as Dixie owning 92.5%, Anthem owning 2%, and Aroluxe owning 5%.
* Dixie’s lawyer said TNA is not insolvent and that Corgan had the right to convert his loan note to 12.5% ownership in July but didn’t do it.
* He goes on to say that on the third loan (given in August), Corgan wanted 22.5% of the company and put on “loan shark” type terms such as 6% interest and a 50% equity kicker and said it was a “heads I win, tails you lose” type of deal.
* He says Corgan’s endgame here is to get 92.5% of the company without having to fully pay for it via making TNA default on his loan and that is why he has not wanted to be paid back on his loans.
* He says Corgan has been trying to buy the company, and when the deal fell through, he pursued the current legal strategy, arguing that the company must have some value if Corgan has repeatedly tried to buy it, and why would Corgan want to buy a company that he claims is insolvent and a mess.
* He goes on to argue that the entire agreement between Dixie and Corgan is illegal under Tennessee law and thus not valid, so Carter can’t transfer her manager rights to him even if TNA IS insolvent. Again implies that Corgan is a predatory lender.
* Anthem’s attorney says they are willing to pay back Corgan’s loans.
* Court has adjourned, with a decision coming on Monday.
The hearing is set to begin for Billy Corgan's lawsuit against TNA. No sign of Corgan but TNA chair Dixie Carter is here.
— Nate Rau (@tnnaterau) October 26, 2016
Chancellor Hobbs Lyle is here and we're underway. She begins by thanking lawyers and staff for redacting filings that were unsealed Tuesday.
— Nate Rau (@tnnaterau) October 26, 2016
Corgan's atty Scott Sims begins. He says Corgan saved the company on 3 occasions. But TNA didnt hold up its end of bargain
— Nate Rau (@tnnaterau) October 26, 2016
Sims says Corgan and Carter entered pledge agreement that included insolvency cause. Proving this is crucial part of lawsuit.
— Nate Rau (@tnnaterau) October 26, 2016
Sims said TNA misled BC about company debts. He says Corgan was named pres but excluded from mgmt decisions.
— Nate Rau (@tnnaterau) October 26, 2016
This is a contract dispute Sims says. "Theres no dispute this is a valid pledge agreement."
— Nate Rau (@tnnaterau) October 26, 2016
The second question is if TNA really is insolvent. Sims says there is no doubt about that.
— Nate Rau (@tnnaterau) October 26, 2016
"We basically have a pledge with a voting proxy," Sims says. TNA argues that a transfer of ownership to Corgan was never approved.
— Nate Rau (@tnnaterau) October 26, 2016
Chancellor asking Sims about Corgans desire to remove managers. "Does that fit circumstance of a proxy?" She's pushing back at key argument.
— Nate Rau (@tnnaterau) October 26, 2016
Dixie is watching without showing any emotion. Shes following along while Sims argues TNA is insolvent.
— Nate Rau (@tnnaterau) October 26, 2016
Lawyers have agreed not to disclose redacted financial details. Sims says TNA fails the "balance sheet test" and the "cash flow test."
— Nate Rau (@tnnaterau) October 26, 2016
Sims says TNA "has required new infusions of cash to produce new" Impact shows.
— Nate Rau (@tnnaterau) October 26, 2016
It is clear TNA is not paying its bills. They say financial condition was same when Corgan signed pledge agreement.
— Nate Rau (@tnnaterau) October 26, 2016
TNA is not paying talent. Company blames lawsuit. Sims says thats not true. TNA is insolvent beyond doubt on cash flow test.
— Nate Rau (@tnnaterau) October 26, 2016
TNA has 52 pct more liabilities now than June balance sheet, Sims says. And he argues total debts are actually higher.
— Nate Rau (@tnnaterau) October 26, 2016
Chancellor asks about short term need for cash vs long term value of TNA.
— Nate Rau (@tnnaterau) October 26, 2016
Sims says 1. Cash flow deficit has been in existence since at least June. 2. Pro forma shows 1 year of large cash flow deficits facing TNA.
— Nate Rau (@tnnaterau) October 26, 2016
Sims says mgmt has put TNA in ICU at least 5 times this year. Hes referencing frantic cash calls they make after each taping.
— Nate Rau (@tnnaterau) October 26, 2016
Sims it is noteworthy they havent produced schedule of liabilities. He implies TNA is hiding something.
— Nate Rau (@tnnaterau) October 26, 2016
Sims says unpaid tax bill is unknown.
— Nate Rau (@tnnaterau) October 26, 2016
Sims says theres been no efffort to assign value to assets ie video library.
— Nate Rau (@tnnaterau) October 26, 2016
Sims referencing WWE negotiations now. He says WWE lowered its first offer. And current offer counts noncompete clauses.
— Nate Rau (@tnnaterau) October 26, 2016
Sims says Wwe offer is lower than Corgans estimate of TNA liabilities.
— Nate Rau (@tnnaterau) October 26, 2016
Just because WWE and others have offered investment in TNA does not prove company is not insolvent
— Nate Rau (@tnnaterau) October 26, 2016
Is TNA a solid company worth millions or insolvent company contractually obligated to transfer power to Corgan.
— Nate Rau (@tnnaterau) October 26, 2016
Sims just seemed to slip and say $1.8M is owed to Corgan on one note.
— Nate Rau (@tnnaterau) October 26, 2016
Perhaps TNA could pay Corgan off and continue on its troubled financial path until buyer steps in. https://t.co/SAazl0Mshe
— Nate Rau (@tnnaterau) October 26, 2016
Ok $1.8M was from Anthem. Thats the company that owns TNA licensing rights to video library.
— Nate Rau (@tnnaterau) October 26, 2016
Anthem has issued press release saying it is willing to pay off Corgan and Aroluxe's Jason Brown will become new ceo.
— Nate Rau (@tnnaterau) October 26, 2016
Sims just said Carter made offer for Corgan to buy her out. Everyone involved is trying to make a deal Sims says.
— Nate Rau (@tnnaterau) October 26, 2016
Sims says Dixie emailed WWE to say she wont sell to them until Billy is out.
— Nate Rau (@tnnaterau) October 26, 2016
Winding down Corgans side. TNA lawyers up next.
— Nate Rau (@tnnaterau) October 26, 2016
TNA attorney Travis Parham is up now. He calls lawsuit a scheme by Corgan to take over the company and force out Carter.
— Nate Rau (@tnnaterau) October 26, 2016
He says lawsuit has created a creditor crisis and hurt TNA's financial standing.
— Nate Rau (@tnnaterau) October 26, 2016
TNA has good will, notoriety, merchandising, licensing and is an international brand.
— Nate Rau (@tnnaterau) October 26, 2016
Parham says TNA is a valuable, well known commodity. Carter owns 92.5 pct, Anthem owns 2 pct and Aroluxe owns 5 pct.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said TNA anticipated short term cash flow problems and knew its new business model would be a challenge.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said cash flow company came to roost this summer and Corgan gave a loan that could be transferred to equity.
— Nate Rau (@tnnaterau) October 26, 2016
Corgan lent more money in July and had right to convert loan to 12.5 pct interest. Parham is arguing TNA is not insolvent.
— Nate Rau (@tnnaterau) October 26, 2016
A third loan from Corgan came in August, Parham said. But he says Corgan's loans were oportunistic to benefit himself.
— Nate Rau (@tnnaterau) October 26, 2016
He says Corgan wanted 22.5 pct in company after third loan and insisted on pledge agreement.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said Corgan wanted all principal, 6 pct interest and 50 pct equity kicker as condition of 3-month loan in August.
— Nate Rau (@tnnaterau) October 26, 2016
Parham called that deal a 200 pct rate of return that would make a loan shark blush.
— Nate Rau (@tnnaterau) October 26, 2016
Parham called Corgan's loan a "heads I win, tails you lose" deal. He says Corgan has resisted efforts to repay his loan.
— Nate Rau (@tnnaterau) October 26, 2016
Corgan doesn't want to be refinanced and paid off, because he wants 92.5 pct in company, Parham said.
— Nate Rau (@tnnaterau) October 26, 2016
"Whatever risk," Corgan faced, "he's been incredibly well compensated," Parham said.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said Corgan offered to buy company the day his loan agreement expired. That would have included paying off Aroluxe.
— Nate Rau (@tnnaterau) October 26, 2016
That deal would have given him 52 percent of TNA. "he's now saying company is worth nothing,"
— Nate Rau (@tnnaterau) October 26, 2016
Parham said Corgan tried to buy TNA last month, then went litigation path when deal fell through.
— Nate Rau (@tnnaterau) October 26, 2016
Parham: Corgan did nothing to set up necessary financing for Sept. production.
— Nate Rau (@tnnaterau) October 26, 2016
Parham vigorously denies financial details were hidden from Corgan.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said Corgan is attempting to cause TNA to default on his own loan.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said injunctive relief should be used sparingly. He says Corgan has not suffered irreparable harm.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said Corgan wanted to get rid of all managers and appoont himself manager.
— Nate Rau (@tnnaterau) October 26, 2016
Parham says Dixies manager rights cant be transferred under the law.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said the contract between Corgan and Carter is illegal under TN law. So Carter cant transfer her mgr rights even if TNA is insolvent.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said cash flow is a small part of the story. He says people want to buy TNA bc it is valuable.
— Nate Rau (@tnnaterau) October 26, 2016
Parham said tax lien is an accounting mistake. A non issue he says.
— Nate Rau (@tnnaterau) October 26, 2016
Parham calls deal predatory lending at its worse. Reiterates TNA is willing to pay off Corgans loan.
— Nate Rau (@tnnaterau) October 26, 2016
Anthem atty says company is willing to pay off Corgan loan minus transaction premium he says he is due.
— Nate Rau (@tnnaterau) October 26, 2016
Hobbs Lyle says her ruling will come on Monday.
— Nate Rau (@tnnaterau) October 26, 2016
Court adjourned. Updated story coming soon.
— Nate Rau (@tnnaterau) October 26, 2016
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