Simari wrote:This raises a couple of questions/issues:
(a) Short of anyone coming in with a £40m buyout bid for Tevez, does this mean that, should MSI decide to sell their ownership of him for anything less than that (say £30m), will this decision automatically result in the cancellation of the *loan* agreement with West Ham?
As an example, if MSI decide to cash out on Tevez in Jan 2008 for £30m - dead bang in the middle of the EPL season, and assuming that Tevez has become an integral part of the team, neither West Ham nor Tevez (or any other club that might have *loaned* him) will have any say in this, since Tevez is basically an investment vehicle for MSI.
In the case of the buy-out clause, if a club were to approach MSi with a £40m bid in Jan 2008, what is in place to prevent MSI from automatically accepting the offer? Can Tevez contractually decline the approach? (I am aware that several world-class players in europe have buy-out clauses, but the ££ figures are astronomically high, such that, should the buy-out clause be met - it would be a no brainer to sell. In my opinion, within the next couple of years, Tevez at £40m buy-out will start looking like a bargain)
(b) It may happen in Europe, but it is difficult to see how elite clubs would want to go ahead with these types of *loan* contracts for players that will become integral to their teams. This raises an issue with Mascherano, in that, unless MSI have contractually agreed with Liverpool, not to sell Mascherano before the 18 month loan period expires - we are at the mercy of both MSI and Masch should they decide to accept a buy-out bid, or for that matter any bid, for him during any of the transfer windows?
Youi raised some good points, and a lot of them depend on the finer details of the contracts.
a) If an offer less than the buy out clause came in and it was an offer MSI were willing to accept, then I would presume that they could accept it. Using the example in your post, given West Ham have an agreement for three years with MSI and hold his registration it is the club who decides during that duration who holds his registration i.e. where he plays. A club could come in with an acceptable offer and they would then own him, but they would have to unilaterally break the contract with West Ham which could result in all sorts of litigation. We don't know the finer details of the agreement, but there is probably a clause that stipulats if MSI receive a bid above a certain amount then MSI can terminate the loan agreement with West Ham. This may not necessarily be the £40m release clause, that clause is an unconditional buy out clause. If a bid of £30m came in then there may be an agreement with West Ham that bids above this figure enable the new owner to terminate the loan agreement with the consent of the player. Buy out clauses in Spain are mandatory, so for the most valuable players they are astranomical figures. Joorabchian made it clear in the daily mail article that it is the player and the club who determine where he will play, so yes the player is likely to have some kind of veto in terms of the contractual agreement.
b) I am sure that Rafa and the clubs hierarchy sought assurances that Mascherano will stay at Liverpool for the time stated i.e. 18 months. If a buy out bid came in for MSI's re-sale rights then the contract between the new owner and Liverpool is the same - they would have to agree to terminate the contract with the consent of the club and the player, if they wanted to do it unilaterally there would be all sorts of litigation and in all likelihood they would fail because the club hold his registration. I would also assume that we have an option to buy him outright at the end of the deal. If we don't then a club could come in at the end of the 18 month loan and make a bid to own him outright.
Not sure about that Bluenwhite , saw a mention a week or two ago that if he was to leave Liverpool he'd favour a move to the midlands (Villa ? ) as his family where back (?) in Cardiff . Shades of Robbie Savage .
poor striker. he had plenty of chances with us and was just plain cr8p!! Maybe we can sell him back to Blackburn, get some money and Gamst Pederson, that would be cool
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