Say, for arguements sake, Hicks refinances or sells to Mill and RBS inexplicably decide to accept this. If NESV have the contract they claim they have, they can sue Hicks, Mill and RBS for an injunction/order having that process set aside and a declaration that they are the proper owners. And in my opinion, they would win.
I'm probably going to have egg on my face here but I think that the sale will go through with NESV today and next week NESV, RBS and the board will return to Justice Floyd seeking a declaratory order that the sale is complete. H&G will likey change strategy and pursue the board for damages for alleged breach of fidiciary duty and that litigation will drag on for months, with the case probably being settled out of court by the board's insurance company. That is probably the best case scenario available to the fans, not ideal, but we would be rid of H&G as of today and it would be left for the insurers to deal with them.
However, its entirely possible that Hicks will transfer monies to RBS today and try to reconstitute the board and pull out of the sale. That would involve another court case next week which Hicks is likely to lose and will probably rule that he has been in contempt of court. NESV would also argue that Hicks illegally usurped their contract and they would likely sue Hicks, Mill and RBS and have a court declaration that they are the owners.
You can all crucify me if I'm wrong but no matter what way I look at it, so long as NESV keep the stomach for the fight (and they said that they do) then they will win, win, win.
Then again, as one delightful member of this forum told me this week by PM, I'm nothing but a spud ****** and a failed lawyer.
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