Chip
Creature of Bad Habits
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Should be a good game tbh.
It will be hard to top last year's, especially the 2nd half.
Should be a good game tbh.
I'm going to preface this post by saying I do not know what the ACC corporate by-laws say or if they are incorporated in and/or governed by the laws of North Carolina. Here is the general statute as it relates to dissolving a corporation in North Carolina:
§ 55A‑14‑02.� Dissolution by directors, members, and third persons.
(a)������ Unless this Chapter, the articles of incorporation, bylaws, or the board of directors or members (acting pursuant to subsection (c) of this section) require a greater vote or voting by class, dissolution is authorized if a plan of dissolution meeting the requirements of G.S. 55A‑14‑03 is approved:
(1)������ By the board;
(2)������ By the members entitled to vote thereon, if any, by two‑thirds of the votes cast or a majority of the votes entitled to be cast on the plan of dissolution, whichever is less; and
(3)������ In writing by any person or persons whose approval is required by a provision of the articles of incorporation authorized by G.S. 55A‑10‑30 for an amendment to the articles of incorporation or bylaws.
2005 North Carolina Code - :: General Statutes Article 14 - Dissolution..
So, it would seem that a North Carolina corporation (point 2 above) can be dissolved by 2/3 of the votes cast or a majority of the votes entitled to be cast on the plan. That would seem to say that the majority of the members of a corporation can dissolve the corporation.
People have focused on getting out of GORs, but dissolving the corporation may be the way around the GORs. The reason why this approach couldn't work in the Big 12 is only 2 schools wanted to leave.
Didn't FSU beat LSU on Labor Day weekend last year?
The individual schools granted their rights to the conference for the purpose of exchanging the rights with ESPN for a network and other broadcast opportunities. Dissolution is not as simple as ESPN will still hold the rights of each member until the GOR expires. Meanwhile, ESPN has met it's duties to date: network, broadcasting, streaming, and payouts splitting the revenue generated or a minimum guarantee.I'm going to preface this post by saying I do not know what the ACC corporate by-laws say or if they are incorporated in and/or governed by the laws of North Carolina. Here is the general statute as it relates to dissolving a corporation in North Carolina:
§ 55A‑14‑02.� Dissolution by directors, members, and third persons.
(a)������ Unless this Chapter, the articles of incorporation, bylaws, or the board of directors or members (acting pursuant to subsection (c) of this section) require a greater vote or voting by class, dissolution is authorized if a plan of dissolution meeting the requirements of G.S. 55A‑14‑03 is approved:
(1)������ By the board;
(2)������ By the members entitled to vote thereon, if any, by two‑thirds of the votes cast or a majority of the votes entitled to be cast on the plan of dissolution, whichever is less; and
(3)������ In writing by any person or persons whose approval is required by a provision of the articles of incorporation authorized by G.S. 55A‑10‑30 for an amendment to the articles of incorporation or bylaws.
2005 North Carolina Code - :: General Statutes Article 14 - Dissolution..
So, it would seem that a North Carolina corporation (point 2 above) can be dissolved by 2/3 of the votes cast or a majority of the votes entitled to be cast on the plan. That would seem to say that the majority of the members of a corporation can dissolve the corporation.
People have focused on getting out of GORs, but dissolving the corporation may be the way around the GORs. The reason why this approach couldn't work in the Big 12 is only 2 schools wanted to leave.
From the article:I posted this awhile ago but for anyone interested in reading a 62 page report from Harvard Law School on Grant of Rights - have at it.
It's possible though unlikely that your list would be strong enough to pull anybody from the big 12. More likely to me is that the ACC leftovers mostly move to the big 12, or there is a full big 12/ACC merger that keeps the ACC name and capitalizes on the ACCN for the combined entity.I agree with this.
Consider a "left behind" league of the following schools (I didn't put a ton of thought into this list, just a sampling):
Syracuse
Pittsburgh
Duke
Wake Forest
Georgia Tech
Boston College
Virginia Tech
Central Florida
Virginia
NC State
That's not a bad landing spot for football or basketball, even if a few of the names fluctuate. Some historical rivals. Opponents near recruiting and alumni areas. Major media markets.
Personally I'd love the ACC to stay together in the long run. But if we do ultimately get left out in the cold (and I'm not convinced that we would), the remnants still make up an attractive league, with opportunities to play other attractive opponents out of conference.
I think that the number is 4, but I've seen speculation of as many as 8. What's the real number? It's hard to know. However, I do think that if all of the Secret 7 had a strong "yes" vibe from Sankey that there would have been a whole lot more drama over the past couple days.Stewart Mandel rightly said seven schools may be looking but less than seven would have the possibility of new homes.
Still don't get the Miami thing. IT's been a long long time since they've mattered.
10 year old article form the Harvard Journal of Sports and Entertainment Law. My biggest takeway is that GoRs may or may not be ironclad. It would be very difficult, and very dangerous, for FSU to actually challenge it in court, but it's not impossible.Umm until I actually hear a lawyer say that he or she can unequivocally break the Gor, I am not to worried. There is a reason why still to this day no Gor has been nuked. Nor can they dissolve if I understand things correctly. So hey if they want to all pay us their shares then great. I don't give jack schlitz about FSU either. They were supposed to be a heavy for the ACC and instead have been a nobody for years.
I could see Florida State challenging in Florida courts with DeSantis pushing the cause for their release from the GoR10 year old article form the Harvard Journal of Sports and Entertainment Law. My biggest takeway is that GoRs may or may not be ironclad. It would be very difficult, and very dangerous, for FSU to actually challenge it in court, but it's not impossible.
I could see Florida State challenging in Florida courts with DeSantis pushing the cause for their release from the GoR
Most CFB fans who follow a particular non-sec/b10 team only watch sec/b10 games to see how the teams are doing in relation to their own team. If you kill off half of CFB, those fans will not just migrate to watch SEC/B10 football. You killed their team. They will just move on to the nfl or something else entirely.College Football administrators are doing a really good job of decreasing the amount of eyeballs that will watch their product.
The SEC thinks they are the NFL and they are not. Clemson and FSU fan followings will eventually drop if they go to the SEC and suck.
I get the feeling those schools think they are the NFL. They are not. The lack of parity makes things very uninteresting.Most CFB fans who follow a particular non-sec/b10 team only watch those games to see how the teams are doing in relation to their own team. If you kill off half of CFB, those fans will not just migrate to watch SEC/B10 football. You killed their team. They will just move on to the nfl or something else entirely.
Please stop with facts, we only want click bait fairytalesThe individual schools granted their rights to the conference for the purpose of exchanging the rights with ESPN for a network and other broadcast opportunities. Dissolution is not as simple as ESPN will still hold the rights of each member until the GOR expires. Meanwhile, ESPN has met it's duties to date: network, broadcasting, streaming, and payouts splitting the revenue generated or a minimum guarantee.
ESPN is a factor, they hold each school's rights whether they stay or leave. See OU and UT's fist attempt to leave early.
H great postFrom the article:
The recitals included in this Grant of Rights reference the ACC’s broadcast agreement with ESPN. As a condition of that agreement, the ACC members must execute a grant of television rights to the conference.
WHEREAS, as a condition of the agreement of ESPN to offer additional consideration to the Conference as part of a further amendment to the Amended ESPN Agreement (the “Additional Amendment”; the Additional Amendment, together with the Amended ESPN Agreement, collectively, the “ESPN Agreement”), each of the Member Institutions is required to, and desires to, irrevocably grant to the Conference, and the Conference desires to accept from each of the Member Institutions, those rights granted herein . . . .
The operative portion of the ACC’s Grant of Rights states:
Each of the Member Institutions hereby (a) irrevocably and exclusively grants to the conference during the Term (as defined below) all rights (the “Rights”) necessary for the Conference to perform the contractual obligations of the Conference expressly set forth in the ESPN Agreement, regardless of whether such Member Institution remains a member of the Conference during the entirety of the Term and (b) agrees to satisfy and perform all contractual obligations of a Member Institution during the Term that are expressly set forth in the ESPN Agreement.
Further, the ACC’s Grant of Rights includes the following language:
The Recitals set forth above shall be deemed incorporated by this reference into and specifically made part of this Agreement. Should any provision of this Agreement be determined to be invalid or unenforceable, such shall not invalidate this Agreement, but such provision shall be deemed amended to the extent necessary to make such provision valid and enforce control of each school’s television rights, even if they choose to leave the conference.”
The above language is limited to what the article writer included in the article. It is sufficient to determine who granted what and for how long. Each school individually grated their rights to the conference who in turn granted the collective rights to ESPN in exchange for ESPN broadcasting games, providing a network, etc. If a school leaves, ESPN still holds their rights for the duration.
Portions of the article regarding irrevocability have since been proven wrong by events. If the GOR was irrevocable, OU, UT, USC, UCLA, the SEC and the B1G would have broken the agreements. Likewise, FSU, Clemson, and other ACC schools would have done so too, if you believe the mouthpieces. I used the term "mouthpieces" because not one person with authority to make the decisions has actually indicated a school is willing to leave. This is key as the mouthpiece can say anything without repercussion as they lack authority to back up what they say.
There's probably nothing the ACC can do on its own to serve as an incentive to make ND suddenly change its current mindset. I think ND would first have to decide for itself that independence is no longer feasible and the ACC would then need to be ready to present options to serve as the incentive for ND to join for football as well as their other sports. I would hope that the ACC HQ has put together contingency plans to use if this situation arose, but I'm not betting my house that they have.I read an article tonight on ESPN that sounded a bit more optimistic for revenue sharing and the ACC…. We still need to get Notre Dame on board I means what it going to take for them to become full time members
Yeah, I'm there.I don't really care where we land anymore. I just wish this sport would hurry up and get it over with. It's like a terribly slow death.
And I can see the ACC and ESPN getting it moved to Federal court, probably in NC or CT, since it's a matter of interstate commerce. IDK if it's true or not, but the ACC "compact" could specify Federal court in NC as the venue for dispute resolution.I could see Florida State challenging in Florida courts with DeSantis pushing the cause for their release from the GoR
I brought this up once before, which Week 10 game would be more likely to have the biggest TV audience, 3-6 Bama v. 2-7 Texas or 9-0 SU v. 8-1 Ga Tech? The mega-teams are losing sight of the fact that there aren't any ties in CFB and if they just play each other someone has to end up with a losing record.Most CFB fans who follow a particular non-sec/b10 team only watch sec/b10 games to see how the teams are doing in relation to their own team. If you kill off half of CFB, those fans will not just migrate to watch SEC/B10 football. You killed their team. They will just move on to the nfl or something else entirely.
Speaking of revenue, I love how indignant FSU's AD is acting. Michael Alford. Named the Noles AD in Dec. of 2021. He was previously the President and CEO of Seminole Boosters, Inc.I read an article tonight on ESPN that sounded a bit more optimistic for revenue sharing and the ACC…. We still need to get Notre Dame on board I means what it going to take for them to become full time members
This right here may ultimately be our undoing in conference realignment. $80,000.00 per year in tuition and we are in an academic category with Louisville and Cincinnati as an "other candidate." Thanks Nancy.
It would certainly be ironic if NIL/transfer portal ended up driving people away from viewing the teams they once loved, which could mean lower TV ratings, and all that media money schools were raking in diminished. I'm not saying its going to happen, but I can certainly see 10 years from now where this has all found some sort of middle ground. Right now everyone is trying to cash in, and it could backfire.Yeah, I'm there.
With NIL and other factors changing the sport, it's become harder and harder to stay engaged. I like that the players are getting paid, but this whole thing is a giant cluster-.
It reminds me of my MLB divorce years ago after the steroid scandals. I grew up a huge baseball fan, followed the sport all my life. But something died over time and I just stopped caring. First I stopped watching games, then I just became apathetic.
My only caveat is that if the Mets are doing well, I'll peek in and go along for the ride. Used to be that didn't matter- I'd watch regardless. But I haven't spent a dime on baseball in over a decade, and if you asked me to name the Mets roster, or the top 5 players in MLB today...I'd have no clue.
My Cuse love keeps me focused on our program's football, basketball, lacrosse, soccer etc. but honestly, it's not as much fun as it used to be. I'm resigned to my inevitable fate, that it is what it is.