Quote:
Originally Posted by BenRunkle
Mike: Your rant re GBT and the FTP player loans was offside, imo.
In an asset purchase M&A transaction, it is 100% standard for the buyer to assume collection of receivables, promissory notes and other non-cash assets such as player loans. Typically, such assets are valued at a discount based on good faith estimates of collectability. Very often, there will be a negotiated post-closing adjustment based on the actual collections experience. These matters are always addressed in the detailed terms and conditions of a deal prior to closing.
In this case, GBT seems to be attempting to assess the value of the FTP player loans in a pre-closing due diligence exercise. It would be reckless for GBT to accept FTP's estimate without some independent process, and it is likely that FTP agreed to allow GBT to contact specific FTP player-debtors about their debts owed to FTP.
Whether or not GBT violated any non-disclosure agreements by posting on the Interweb and calling out specific players in public is between GBT, FTP and the individual players. However, the possible harm to FTP player-debtors seems miniscule in relation to the wider impact on FTP player-depositors who stand to benefit from a successful closing of the proposed GBT-FTP deal.
Clearly it isn't just between those three parties as GBT knows full well that this deal involves thousands of people that are also owed money that are watching this deal unfold closely. If GBT didn't know it would get the poker community all riled up, they wouldn't have gone to the media and leaked out a select few of the names on the list, they would have just contacted the players behind the scenes. Further, for GBT to out these players as being deadbeat welchers when GBT weren't the ones who originally loaned the money(provided markers) and don't know any of the specifics of repayment terms, whether the numbers are even close to accurate and other details is offside on their part, IMO. Also, GBT should have come up with an adjusted value they were happy with for the 16.5m in staledated markers before they originally arrived at the $80m asset purchase amount back in December. Nothing has changed since then. I stand by my belief that if the likes of Layne Flack and Mike Matusow paying back gambling debts carries any kind bearing on making or breaking the deal, then the initial asset purchase agreement wasn't that real in the first place.