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Some clarification please-


ATL_BALLER

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This is all getting a little confusing. Questions:

1.Are we waiting on Belkin to complete his five days?

2.If so, when did they start?

3. If he allows the deal to go through, will he still be governor?

4. If he still is governor, what can the other owners do at that point?

Thanks for clarifying.

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If you assume that he gets 5 days from the time he receives written notice, then it depends when he got the notice (maybe as late as today) and whether it's 5 business days or 5 calendar days. It might all drag out til Friday.

And yes, if he now approves the trade, he remains governor, but he still must follow the wishes of the majority and anytime he doesn't they can get rid of him.

I still think this judge was bought and paid for by Belkin and the five day crap just gives Belkin time to figure out who to sue next.

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This is all getting a little confusing. Questions:

1.Are we waiting on Belkin to complete his five days?

It appears that is the case

2.If so, when did they start?

Good question. I think you could argue he already had notice through emails, but assuming they started anew from the order I am sure they served him with written notice last Friday.

3. If he allows the deal to go through, will he still be governor?

Another area of debate. There are two clauses (1) the clause cited by the judge allowing 5 days notice and the period to "cure" underwhich Belkin would remain governor if he allows the trade to go through; (2) a provision giving Belkin no opportunity to cure if he knowingly goes against the intent of the BOM. The Hawks have argued in the past that the second clause is applicable. I think they have a good argument with that, but it was not mentioned by the Judge in his order. Accordingly, they appear to be proceeding under the first clause out of an abundance of caution.

4. If he still is governor, what can the other owners do at that point?

They could try to remove him under the second clause or they could simply force him to do whatever the majority of ownership decides in the future. This is precedent that he cannot defy the will of the BOM.

Most likely, however, the other owners will try to buy him out no matter what happens. If he remains governor that probably amounts to a higher buyout for him, so I suspect he will allow the JJ trade and try to hold onto his position as governor.

Thanks for clarifying.

There isn't a clear answer right now because of the ambiguity in the contract and the lack of public awareness of all the relevant facts, but that is the best I've got.

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I think that the five day period is a NBA rule. The judge simply stated that the rules of engagement must be followed to the T. In a way, the judge did the LLC a favor by giving them gentle warning that Belkin will be looking after his rights. Reminding them of the contracture procedures alerts them that Belkin will be looking for any loopholes.

Not a big deal. As long as Phoenix and JJ remain on board, the deal will get done.

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If you assume that he gets 5 days from the time he receives written notice, then it depends when he got the notice (maybe as late as today) and whether it's 5 business days or 5 calendar days. It might all drag out til Friday.

And yes, if he now approves the trade, he remains governor, but he still must follow the wishes of the majority and anytime he doesn't they can get rid of him.

I still think this judge was bought and paid for by Belkin and the five day crap just gives Belkin time to figure out who to sue next.


I still do not get this...Belkin has caused harm by putting off our FA sighnings for three weeks while all the other clubs have signed and traded as needed.

He should not have an out clause on this, otherwise he will stall us again with this home grown judge on another deal if given half a chance.

This is what pissed me and others off so bad. Belkin basically refused to do his job and then put off getting fired by getting a damn court injuction.

He should not be allowed this opportunity again as everything about this ownship agreement and Belkins stance indicate he will continue to cause more harm than good.

Given another chance cannot be an option for this guy. Hopefully after the five days are up, he is fired and then we can start our FA signings ONLY three weeks behind every other team in the NBA!

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