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The voice of college football - ACC delivers a blow to FSU?
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TexanMark Offline
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Post: #21
RE: The voice of college football - ACC delivers a blow to FSU?
(04-07-2024 03:54 PM)Hallcity Wrote:  
(04-07-2024 02:44 PM)ren.hoek Wrote:  
(04-07-2024 12:25 AM)Gitanole Wrote:  If winning a coin toss is a 'blow' then yeah, I guess it's a blow.

Any ruling marks progress toward settlement. At the end of the day, Clemson and Florida State (and possibly North Carolina) will leave the ACC.

Eventually, yes, FSU and Clemson will leave. I'm skeptical that they'll shell out $500m to leave immediately, though. Neither is a wildly wealthy school, so they don't just have that kind of cash sitting around.

Don’t start something you can’t finish.

If FSU and Clemson lose, as I think fans of both schools are starting to realize is likely, and the two schools have to stay in the ACC, all they’ll end up doing is hurting their conference and themselves.

Can they start getting the Yankee treatment by the officials in FB? Us northern schools have paid our dues.
04-07-2024 11:12 PM
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ChrisLords Offline
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Post: #22
RE: The voice of college football - ACC delivers a blow to FSU?
(04-07-2024 11:12 PM)TexanMark Wrote:  
(04-07-2024 03:54 PM)Hallcity Wrote:  
(04-07-2024 02:44 PM)ren.hoek Wrote:  
(04-07-2024 12:25 AM)Gitanole Wrote:  If winning a coin toss is a 'blow' then yeah, I guess it's a blow.

Any ruling marks progress toward settlement. At the end of the day, Clemson and Florida State (and possibly North Carolina) will leave the ACC.

Eventually, yes, FSU and Clemson will leave. I'm skeptical that they'll shell out $500m to leave immediately, though. Neither is a wildly wealthy school, so they don't just have that kind of cash sitting around.

Don’t start something you can’t finish.

If FSU and Clemson lose, as I think fans of both schools are starting to realize is likely, and the two schools have to stay in the ACC, all they’ll end up doing is hurting their conference and themselves.

Can they start getting the Yankee treatment by the officials in FB? Us northern schools have paid our dues.

I don't think that's the 'Yankee treatment'. ACC officials are quite awful to everyone.
04-10-2024 12:13 PM
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Gitanole Offline
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Post: #23
RE: The voice of college football - ACC delivers a blow to FSU?
(04-07-2024 02:44 PM)ren.hoek Wrote:  
(04-07-2024 12:25 AM)Gitanole Wrote:  If winning a coin toss is a 'blow' then yeah, I guess it's a blow.

Any ruling marks progress toward settlement. At the end of the day, Clemson and Florida State (and possibly North Carolina) will leave the ACC.

Eventually, yes, FSU and Clemson will leave. I'm skeptical that they'll shell out $500m to leave immediately, though. Neither is a wildly wealthy school, so they don't just have that kind of cash sitting around.

Both schools are beasts at fundraising. Both have a firm idea of how much they stand to make later. And both know CFP news means P2 revenues just went up relative to the league they're currently in. They would not be doing what they're doing if there were any question of staying.

They're gone. As anybody will be who gets the call up.
04-10-2024 12:24 PM
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orangefan Offline
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Post: #24
RE: The voice of college football - ACC delivers a blow to FSU?
(04-06-2024 10:30 PM)SouthernConfBoy Wrote:  Here is the actual text of the appropriation bill combined with the definitions:


https://www.ncleg.gov/Sessions/2021/Bill...H103v4.pdf

The definitions of G.S. 143B-437.51 apply in this subsection, and, as used in this section, the term "qualifying collegiate sports employer" is an entity with four charter members that are institutions of higher education in the State that meets the following requirements: (1) The entity will locate and occupy within the State its headquarters facility for a continuous period of at least 15 years. (2) The entity is a regional collegiate sports nonprofit organization and governing body that is responsible for staging and holding championship events for its members in the State. The championship events held within the State by the conclusion of the 2032-33 academic year must include all of the following: a. Four men's collegiate basketball postseason championship tournaments in addition to those already scheduled at the time the agreement is entered. At least two of the tournaments required by this sub-subdivision must be held in the City of Greensboro. b. Four women's collegiate basketball postseason championship tournaments in addition to those already scheduled at the time the agreement is entered. c. Four men's collegiate baseball postseason championship tournaments in addition to those already scheduled at the time the agreement is entered. d. Twenty other collegiate postseason championship tournaments in addition to those already scheduled at the time the agreement is entered or otherwise are already slated to be held in the State as a result of a set cycle of championship tournaments in the sport among the members of the qualifying collegiate sports employer. (3) The entity will report to the Department annually on June 1 of each year following the year the agreement is entered on the number of championship tournaments required by subdivision (2) of this subsection that have been fulfilled. The report required by this subdivision may cease in the year after the year in which the entity reports all such championship tournament requirements have been fulfilled.

The critical question of legal interpretation is whether the obligation to have four members that are located in NC is a condition precedent for the agreement or an ongoing obligation. Without reviewing the entire agreement, the language quoted strongly suggests that it is a condition precedent, meaning that the only moment in time that the ACC must meet this requirement is on the day the agreement is executed. A continuing obligation would be drafted in a manner similar to the state obligations to conduct championships. It could also be addressed in the section addressing events of default. However, it is not stated in the language provided.
04-10-2024 12:30 PM
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SouthernConfBoy Offline
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Post: #25
RE: The voice of college football - ACC delivers a blow to FSU?
(04-10-2024 12:30 PM)orangefan Wrote:  
(04-06-2024 10:30 PM)SouthernConfBoy Wrote:  Here is the actual text of the appropriation bill combined with the definitions:


https://www.ncleg.gov/Sessions/2021/Bill...H103v4.pdf

The definitions of G.S. 143B-437.51 apply in this subsection, and, as used in this section, the term "qualifying collegiate sports employer" is an entity with four charter members that are institutions of higher education in the State that meets the following requirements: (1) The entity will locate and occupy within the State its headquarters facility for a continuous period of at least 15 years. (2) The entity is a regional collegiate sports nonprofit organization and governing body that is responsible for staging and holding championship events for its members in the State. The championship events held within the State by the conclusion of the 2032-33 academic year must include all of the following: a. Four men's collegiate basketball postseason championship tournaments in addition to those already scheduled at the time the agreement is entered. At least two of the tournaments required by this sub-subdivision must be held in the City of Greensboro. b. Four women's collegiate basketball postseason championship tournaments in addition to those already scheduled at the time the agreement is entered. c. Four men's collegiate baseball postseason championship tournaments in addition to those already scheduled at the time the agreement is entered. d. Twenty other collegiate postseason championship tournaments in addition to those already scheduled at the time the agreement is entered or otherwise are already slated to be held in the State as a result of a set cycle of championship tournaments in the sport among the members of the qualifying collegiate sports employer. (3) The entity will report to the Department annually on June 1 of each year following the year the agreement is entered on the number of championship tournaments required by subdivision (2) of this subsection that have been fulfilled. The report required by this subdivision may cease in the year after the year in which the entity reports all such championship tournament requirements have been fulfilled.

The critical question of legal interpretation is whether the obligation to have four members that are located in NC is a condition precedent for the agreement or an ongoing obligation. Without reviewing the entire agreement, the language quoted strongly suggests that it is a condition precedent, meaning that the only moment in time that the ACC must meet this requirement is on the day the agreement is executed. A continuing obligation would be drafted in a manner similar to the state obligations to conduct championships. It could also be addressed in the section addressing events of default. However, it is not stated in the language provided.

Wrong.

I worked on a 5 month internship in Bill Drafting for the NC General Assembly. I know this stuff pretty well. The definition defines a corporation as it existed at a moment in time. Once defined the change of members does not change the corporation.

A thousand entities have the name or acronym ACC. The ACC's members have changed back and forth and the legislation also allows for the ACC's name to change without creating a problem.

If the NC General Assembly were describing Syracuse to give money to the city for a grant it would be as follows: That municipal corporation located in Onondaga County NY proximate to a historic state water canal, said corporation also located northwest of the New York City.
(This post was last modified: 04-10-2024 02:13 PM by SouthernConfBoy.)
04-10-2024 02:02 PM
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