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lawhokie

The GOR is a mess, and here is why…

You can’t grant rights to a “Member Institution” in one part of a paragraph, and then acknowledge that members might leave without addressing that situation. What are you once you leave? A former member. More specifically, you are the opposite of a member. The intent is clear, but the actual words say otherwise. And you always want to be on the side of plain language meaning over arguing intent. Four corners usually wins. As in most cases, one sentence could have resolved any ambiguity: A Member leaving the conference shall be considered a Member for the purposes of (e.g. media rights) through the Term. Or something like that. Sheesh. It’s not like businesses entities leaving contractual agreements aren’t bound by certain covenants as they leave every dang day. The lack of such departure covenants is glaring in the GOR. ** Edited by lawhokie at 6/8/2024, 10:51:36 AM
Posted: 06/08/2024 at 10:41 AM ET
(In response to this post by SMU Pony)

Thread Replies (96)

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The Atlantic Coast Conference has asked an appeals court to put on hold a
WBGV • 06/07/24 02:05 PM ET
Yeah, it’s never a good idea to ignore opinions from the court …
lawhokie • 06/07/24 04:16 PM ET
In your lawhokie opinion
VTCALS72 • 06/08/24 08:28 AM ET
Let's sort some things out and maybe you'll have a more cogent question:
33laszlo99 • 06/09/24 07:02 PM ET
Well, in a concise way, maybe liquidated damages isn't the right word
VTCALS72 • 06/09/24 08:01 PM ET
If the parties to the GoR wanted the value of the "Grant" to be equal to
33laszlo99 • 06/09/24 08:20 PM ET
I see a serious problem in the wording of the grant to ESPN
lawhokie • 06/08/24 08:53 AM ET
Certainly I am not a lawyer but
VTCALS72 • 06/08/24 12:19 PM ET
So you thinking now, FSU, Clemson, Va Tech and State to the SEC, UVA, UNC,
Stech • 06/09/24 04:09 PM ET
I approve this message **
VaTechHokiesACC • 06/09/24 11:16 PM ET
I have no idea about that
VTCALS72 • 06/09/24 04:38 PM ET
Interesting, what schools r saying that Tech and State aren’t P2 material?
Stech • 06/09/24 07:43 PM ET
I think I would answer that by asking how many times you have heard
VTCALS72 • 06/09/24 07:53 PM ET
So I take that as Podcasters with an agenda are your sources, not schools,
Stech • 06/09/24 08:12 PM ET
Not and insider and are only offering my take
VTCALS72 • 06/09/24 09:24 PM ET
Been saying this 4 about a year, for the ACC to let the big rating schools
Stech • 06/09/24 09:42 PM ET
Let me be sure I understand
VTCALS72 • 06/10/24 08:41 AM ET
I think the ESPN can work out an agreement to save the ACC even if the 7+1
Stech • 06/10/24 12:00 PM ET
We are in agreement except for the more than 2-4 schools
VTCALS72 • 06/10/24 12:04 PM ET
First round could be 2-4, but I think the whole Mag 7+1 goes P2 over time,
Stech • 06/10/24 01:17 PM ET
I think many ACC teams, just like many PAC and B12 teams, will
Big12 guy • 06/09/24 05:37 PM ET
We have hashed it out and finally come to an agreement
VTCALS72 • 06/09/24 06:07 PM ET
There will be no new PAC for the 100th time. We will no agree
Big12 guy • 06/09/24 07:08 PM ET
There will a New PAC, but it will be a G5 conference.
33laszlo99 • 06/09/24 09:28 PM ET
The poster was inferring that there will be a PAC at the same level
Big12 guy • 06/09/24 09:45 PM ET
Lot of talk about the PAC coming back and the west coast is pretty spread
VTCALS72 • 06/09/24 08:03 PM ET
Geographically, it makes sense to have the PAC 12. The problem is that
Big12 guy • 06/09/24 08:11 PM ET
now we are back to disagreeing.
VTCALS72 • 06/09/24 09:26 PM ET
They were not placed there. They were lucky, like all
Big12 guy • 06/09/24 09:37 PM ET
We disagree again you way over value the Big 12, understandable but still
VTCALS72 • 06/10/24 09:01 AM ET
We will forever disagree on the value of the B12, and
Big12 guy • 06/10/24 09:32 AM ET
Your 2nd paragraph is BS, 3rd too
VTCALS72 • 06/10/24 12:19 PM ET
What you call BS is me disagreeing with you. Neither my opinion,
Big12 guy • 06/10/24 01:04 PM ET
You really need........
2hhoop3 • 06/10/24 10:05 AM ET
The contract details are not known to either one of us. You know the
Big12 guy • 06/10/24 10:34 AM ET
Again you better.......
2hhoop3 • 06/10/24 11:03 AM ET
Again, you are comparing the current ACC contract with that of the
Big12 guy • 06/10/24 01:00 PM ET
You seem to ..........
2hhoop3 • 06/10/24 01:22 PM ET
Without looking back at my post, I was referring to the media contracts,
Big12 guy • 06/10/24 01:29 PM ET
I do not......
2hhoop3 • 06/10/24 01:36 PM ET
Fair, and my post was to point out the
Big12 guy • 06/10/24 01:40 PM ET
The ACC is a joke. But not as much of a joke as the Big 12.**
NokieHokie • 06/10/24 01:51 PM ET
I disagree with both statements. **
Big12 guy • 06/10/24 02:34 PM ET
Of course you do.**
NokieHokie • 06/10/24 03:31 PM ET
At present......
2hhoop3 • 06/10/24 01:47 PM ET
I agree with this. **
Big12 guy • 06/10/24 02:33 PM ET
What in your opinion.......
2hhoop3 • 06/09/24 09:54 PM ET
$$$$$$$**
VaTechHokiesACC • 06/09/24 11:18 PM ET
The media? As we have understood what power conference have been
Big12 guy • 06/09/24 10:00 PM ET
I think there are several.......
2hhoop3 • 06/10/24 01:43 AM ET
The CFP Committee identified the upper tier of FBS (NCAA terminology) by
33laszlo99 • 06/09/24 10:23 PM ET
In that case, it's time to jettison baggage
hokie_jayhawk • 06/09/24 06:19 PM ET
What "big state schools?" IMHO this mid level will not have 16 teams
VTCALS72 • 06/09/24 08:07 PM ET
Too late for that. You will have to join a new conference if
Big12 guy • 06/09/24 07:56 PM ET
Respectfully disagree...
SMU Pony • 06/08/24 09:27 AM ET
The GOR is a mess, and here is why… ◄
lawhokie • 06/08/24 10:41 AM ET
That's a ridiculous interpretation
SpeakToDamien • 06/08/24 02:16 PM ET
So as a former member, FSU would be a “current member”…
lawhokie • 06/08/24 03:22 PM ET
No offense meant. And Greenberg is a great firm
SpeakToDamien • 06/08/24 03:25 PM ET
"Member Institution" simply means each school that signed the original GOR
SMU Pony • 06/08/24 11:04 AM ET
The first paragraph weighs heavily against that interpretation…
lawhokie • 06/08/24 03:20 PM ET
It’s the status of the institution at the time of signing, right?
Marooned • 06/08/24 11:09 AM ET
Interesting but don't they borrow and issue bonds
VTCALS72 • 06/08/24 12:23 PM ET
Debt issuance is different than a revenue contract.
RJHokie • 06/08/24 12:57 PM ET
That's an interesting point...
SMU Pony • 06/08/24 11:16 AM ET
Selling off 5% of an athletic department is nonsensical
Pylons • 06/09/24 03:50 PM ET
Pretty much.......
2hhoop3 • 06/09/24 04:02 PM ET
a university athletic department doesn't fall under "pretty much"
Pylons • 06/09/24 04:34 PM ET
Your first paragraph.......
2hhoop3 • 06/09/24 05:33 PM ET
It is semantics. And, to me, an important distinction.
Pylons • 06/09/24 06:21 PM ET
Why not?.......
2hhoop3 • 06/09/24 06:27 PM ET
Well, really, my initial point was that
Pylons • 06/09/24 06:45 PM ET
Thanks for the reply........
2hhoop3 • 06/09/24 06:54 PM ET
I don't see decision making getting murky
Pylons • 06/09/24 07:27 PM ET
You called......
2hhoop3 • 06/09/24 07:47 PM ET
Where have you seen PE take on any sort of decision making power
Pylons • 06/09/24 08:09 PM ET
Read the previous post again......
2hhoop3 • 06/09/24 08:19 PM ET
I'm not sure if the GOR is jeopardized if ESPN drops the ACC, but...
EDGEMAN • 06/08/24 09:29 AM ET
I think it is...
SMU Pony • 06/08/24 09:34 AM ET
So if the mouse drops the ACC, then couldn't the GOR signees put the group
IB4TECH • 06/09/24 01:36 PM ET
Yeah, I think the consideration is the ESPN deal
SpeakToDamien • 06/08/24 02:44 PM ET
I agree with Frank
VTCALS72 • 06/08/24 12:26 PM ET
If ESPN drops the ACC contract, they will start working on new media....
EDGEMAN • 06/08/24 09:43 AM ET
ESPN made approx $150M in profit on the ACC Network last year
SMU Pony • 06/08/24 09:52 AM ET
What happens to those profits if FSU and Clemson leave? might impact espn**
wwhokie1 • 06/08/24 09:09 PM ET
not much, the higher rate for SC subs.
daveinop • 06/09/24 08:06 AM ET
There may be a benefit for having ACC schools in Texas in California, but
wwhokie1 • 06/09/24 08:04 PM ET
I can't believe the ACC did not have some sort of parachute penalty to
Maroon Unit • 06/08/24 09:39 AM ET
They could, for all we know...
SMU Pony • 06/08/24 09:45 AM ET
I don't find it that odd that ESPN has the unilateral power to not extend
VTHokie2000 • 06/08/24 10:33 AM ET
I don't think the unilateral option concept is odd
SMU Pony • 06/08/24 10:37 AM ET
could be that look ins are very common, think about the CFP "look in."**
VTCALS72 • 06/08/24 01:06 PM ET
As I noted in my previous post, it may go back to how much trust people had
VTHokie2000 • 06/08/24 10:49 AM ET
Clemson sued the ACC before the ACC sued Clemson
LeadingEdge • 06/07/24 02:36 PM ET
Does any of what goes on in a Fla, NC or SC state court really matter?
VTCALS72 • 06/08/24 08:17 AM ET
No.acc has little nexus with SC. A ton with NC. Plus same issue as fsu**
SpeakToDamien • 06/07/24 06:29 PM ET
Not necessarily........
2hhoop3 • 06/07/24 02:53 PM ET