NATHAN Tinkler edged closer yesterday to defaulting on his commitments as Newcastle Knights owner but has not given up hope of retaining control of the club.
Tinkler has until close of business on Monday to secure a $10.52million replacement bank guarantee, a key component in the terms and conditions of his 2011 takeover.
But the latest twist in negotiations suggests this may not happen, which would entitle the Knights Members Club to start the process of buying back the club for $1 from the struggling tycoon.
The next step towards that outcome will occur today, when members club chairman Nick Dan accesses the existing bank guarantee, which expires on Monday, and collects cheques of $10.3million from Westpac and $220,000 from the Greater Newcastle Building Society.
Those cheques will be deposited in a joint-signatory account, accessible only when HSG and the members club concur.
In the meantime, Knights chairman Paul Harragon and CEO Matt Gidley have held last-ditch negotiations with the members club and the NRL in an effort to create a new ‘‘unified’’ business structure.
How this can be achieved remains to be seen, but if a new bank guarantee is not in place by 5pm on Monday, Tinkler will have reneged on his obligations and the members club will have the upper hand in any negotiations.
It would then appear HSG would need to produce an extraordinary proposal to persuade the members club not to activate the process of buying the club back for $1.
Alternatively, the NRL could step in to broker a ‘‘restructure’’ of the Knights at management level, as the governing body has done this month with Wests Tigers.
‘‘HSG has been in fruitful discussion with the NRL to identify a unified business model to ensure the long-term future of the Knights.’’ - KNIGHTS STATEMENT
But it is understood the NRL would be reluctant to override the rights of the members, as agreed when Tinkler privatised the Knights on March 31, 2011.
In a statement issued last night, the Knights said HSG had ‘‘allowed’’ the current bank guarantee to be transferred into a joint-signatory bank account.
‘‘HSG has been in fruitful discussion with the NRL over a period of time to identify a unified business model to ensure the long-term future of the Knights,’’ the club said.
‘‘This guarantee has been placed in a secure bank account with joint signatories being HSG and the members club while negotiations between the members club, the Knights and the NRL continue. The current ownership model and management team will remain in place throughout the duration of these discussions.
‘‘No further comment will be provided by any parties involved during this period of negotiation.’’
In a list of ‘‘key points’’, the statement added that the Knights, members club and NRL would ‘‘undertake negotiation to identify a new model moving forward’’ and HSG remains committed to contributing and supporting the Knights ‘‘into the future’’.
The statement made no mention of whether HSG could raise a replacement bank guarantee, valid for the next 12 months, by Monday.
HSG has repeatedly assured fans that a replacement guarantee would be in place by the due date.
HSG chief executive Troy Palmer told the Herald last night that it would be ‘‘wrong’’ to suggest HSG had conceded the surety would not be in place by Monday.
When asked why there was no mention of a replacement bank guarantee in last night’s statement, he replied: ‘‘There will be no further comment from either party.’’
Dan was also reluctant to comment, other than to confirm he hoped to collect $10.52million in cheques today after allowing ‘‘the bank and building society to dot their i’s and cross their t’s.’’
‘‘Fruitful discussions took place today with the HSG representatives,’’ Dan said.
‘‘Basically the all-clear was given for the financial institutions to release the monies held in the guarantees.’’
The bank guarantee was the ‘‘safety net’’ that underpinned Tinkler’s takeover bid.
It was initially valued at $20million for two years then $10million, plus inflation, for the next eight years.
A bank guarantee worth $10.3million expired on January 31, when it was expected to be replaced by one worth $10.52million for the next 12 months.
Instead, HSG negotiated a two-month interim extension, on the premise that this would save $500,000 in bank fees.
HSG promised to have a new guarantee, valid until January 31, 2015, in place by March 31.