In Mali, Mauritania, Western Sahara, Democratic Republic of The Congo, Central African Republic, Somalia, Eritrea and The Yemen, there are no readers of The Sitonfence Speakeasy. Readers from every other country in the world including principalities such as The Vatican regularly read our site. If The Holy See himself has dropped by I apologise for my occasional industrial language. For all my education I am still a shipbuilder’s son.
I welcome The Palestinian Territories to my burgeoning demographic. It may surprise many to note that I am extensively read in Govania despite my focus on the facts. These readers may despise me with an unfathomable fervour but I continue to be eminently readable. Eighteen million hits is no mean feat given that in the beginning I could count my readers on both hands.
I’m more looking forward to tonight’s lunar eclipse than the end of the transfer window as my naked eye does not lie. I approach every piece of news with a healthy cynicism. My previous piece was lifted wholesale by one of my peers but that does not concern me. This is now an established site that is widely read. My contributors and I are opinion formers. It behoves us to stick to the facts.
I have never published a Sitonfence Speakeasy Credo per se, but now is as good a juncture as any to express my incontrovertible beliefs:
1. When Rangers football club ceased to be a common undertaking by four founders and became an incorporated company in 1899, it was given a unique company registration number and became subject to company law. When this company failed to achieve a Creditors Voluntary Agreement it was renamed and is now in the final throes of liquidation. Rangers no longer exists. There is no separation of club from company.
2. The overwhelming majority of journalists in Scotland know the truth and initially published the truth. Due to commercial imperatives and in some cases physical intimidation they have created a Continuation construct to stave off a boycott by the one-eyed bigots who turn up at Ibrox season after season to wade in Fenian blood.
3. Counsel for Charles Green, who bought a basket of assets, has unequivocally asserted that there is no Rangers. It’s a mythical concept like Brigadoon.
4. The odious Stewart Regan of the SFA did everything in his power to cajole chairman to break every rule in the book to shoehorn Sevco Scotland into the top tier of Scottish football. Two 5 Way Agreements were drafted to achieve the desired outcome. At this point Scottish football governance lost all credibility.
5. While Turnbull Hutton stood on the steps outside Hampden to highlight that Regan was essentially blackmailing them to bend to his will, Regan was arranging to transfer the SFA membership of the former Rangers to Charles Green’s newly formed The Rangers Football Club Ltd.
6. As the estimable Mr. Hutton railed against the SFA intimidation, two die-hard Rangers fans viz David Longmuir and Jim Bannatyne, took it upon themselves, with the approval of Regan and Doncaster, to confer all titles won by Rangers to Charles Green’s new club.
7. In gaining a licence to participate in UEFA tournaments in season 2011/2012 parties acting on behalf of Rangers made a number of misrepresentations apropos an outstanding tax liability. As Rangers chose not to pay its social taxes it should have been prohibited from playing in UEFA tournaments. The SFA chose to look the other way and then lied to cover their complicity.
8. Many of the supporters of Charles Green’s new club are drawn from the criminal classes, the Orange Order and Rangers Supporters Club secretaries who advocate a return to excluding Catholics from the payroll.
9. In perpetrating the lie of Continuation in the ‘Going for 55’ marketing slogan the new club became the laughing stock of Scottish football.
10. Seventeen titles won from 1999 – 2012 by the former Rangers are unsound.
11. The conclusions arrived at by a commission chaired by Lord Nimmo Smith are unsound. A new commission should be created to revisit the EBT cheating in light of the Supreme Court’s ruling.
12. Stewart Regan should play no part in any new commission. He should play no further part in Scottish football governance.
13. The proliferation of betting firms in Scottish football will sow a bitter seed.
14. The majority of Fake News in the Scottish tabloids is created by Jim Traynor at his one man Level 5 PR operation.
15. The state broadcaster BBC Scotland is run by a cabal of high-ranking Freemasons.
16. Police Scotland is run by a cabal of high-ranking Freemasons.
17. Craig Whyte was not the architect of Rangers’ demise. He was the last man holding the parcel when the music stopped.
18. David Cunningham King is a career criminal. Fortunately he is at the end of his rope.
19. Jim Keegan took silk and omitted the disclosure of his three year’s suspension as a company director.
20. The arrests of Grier, Clark and Whitehouse by Police Scotland were unsound. The seizure of their client privileged information was unlawful. There will be little change out of £20m if their petitions are upheld. Heads must roll.
21. David Murray, who bought Lawrence Marborough’s controlling interest in Rangers with a $1m cash bribe, should be stripped of his title and sent down.
22. Tony Blair is a War Criminal who should stand trial in The Hague.
23. Madeleine McCann was murdered by one or both of her parents.
24. Ched Evans was ‘fitted up’ for a crime he did not commit.
Regular readers will be familiar with these themes which I have explored in depth. When reverting to (14) it’s worth noting that having been exposed in his lie apropos Morelos, Yuan-ker Traynor is now trying his luck with a bid from Beijing. Are the Lite supporters with laptops congenitally stupid or alive to the fact that fake news sells?
From my list of 24, number six (6) is worthy of further consideration. The first question to ask is how did Longmuir and Ménage A Trois Bannatyne get away with it?
In the initial drafts of the 5 way agreement Charles Green was asked to surrender 15 titles. They were considered unsound. Yet when the final draft, Draft Six, is presented for signature, this stipulation has been withdrawn.
For those who have not seen the final draft I have reproduced it in its entirety:
5 Way Agreement as Issued to All Parties for Signature
External Draft 6
SUBJECT TO CONTRACT: DRAFT
(1) THE SCOTTISH FOOTBALL ASSOCIATION LIMITED(2) THE SCOTTISH PREMIER LEAGUE LIMITED(3) THE SCOTTISH FOOTBALL LEAGUE(4) THE RANGERS FOOTBALL CLUB PLC (IN ADMINISTRATION)(5) SEVCO SCOTLAND LIMITED
Clause PageAGREEMENT AMONG:
THE SCOTTISH FOOTBALL ASSOCIATION LIMITED,
a company incorporated inScotland (registered number SC005453) whose registered office is at Hampden Park,Glasgow G42 9AY (the ”
THE SCOTTISH PREMIER LEAGUE LIMITED,
a company incorporated in Scotland(registered number SC175364) whose registered office is at Hampden Park, GlasgowG42 9AY (the ”
THE SCOTTISH FOOTBALL LEAGUE,
an unincorporated association acting through itsBoard having its principal place of business at Hampden Park, Glasgow G42 9EB (the”SFL”);
THE RANGERS FOOTBALL CLUB PLC (IN ADMINISTRATION),
a companyincorporated in Scotland (registered number SC004276) whose registered office is at Ibrox Stadium, 150 Edmiston Drive, Glasgow G51 2XD (“RFC”), acting through the Joint Administrators (defined below); and
SEVCO SCOTLAND LIMITED
, a company incorporated in Scotland (registered number SC425159) whose registered office is at Ibrox Stadium, 150 Edmiston Drive, GlasgowG51 2XD
(A) The SFA is a private company limited by guarantee which is the governing body of association football in Scotland whose aim is to promote, foster and develop the game at all levels in Scotland.
(B) The SPL is a private company limited by shares which owns, promotes and operates the”Scottish Premier League”, in which the association football clubs owned and operated by the twelve holders for the time being of the issued shares in the SPL compete.
(C) The SFL is an unincorporated association of thirty members acting through its Board which owns, promotes and operates the “Scottish Football League”, in which the thirty association football clubs owned and operated by its thirty members for the time beingcompete in three divisions (first, second and third).
(D) RFC is a public company limited by shares which (i) is a full member (as defined in theSFA Legislation (as defined below)) of the SFA; (ii) owns one of the twelve issued Shares in the SPL; and (iii) owned and operated an association football club known as “RangersFC” (defined below) which played in the Scottish Premier League during season 2011/12.
(E) Sevco is a private company limited by shares.
(F) Following the completion of a controlled auction process by the Joint Administrators (defined below), Sevco has purchased substantially all the business and assets of RFC by entering into the SPA (defined below).
(G) Sevco will become, following on the transfer to it of the full membership of RFC in the SFA, on Completion (defined below) the operator of Rangers FC within the Third Divisionof the Scottish Football League.
(H) Sevco has applied for and has been admitted as an Associate Member of the SFL(defined below) subject always to Rule 16 of the SFL Rules and during season 2012/13 (at a minimum) shall play in the Third Division of the Scottish Football League.
(I) Dundee FC (defined below) will resign from membership of the SFL, its membership of the SFL will automatically terminate and Dundee FC will have transferred to it by RFC the one Share held by RFC and during season 2012/13 (at a minimum) shall play in theScottish Premier League.
(J) The members of the SFL passed the SFL Resolution (defined below) on 13 July 2012.
(K) The SFA, the SPL, the SFL, RFC and Sevco have between and among each other agreed to give various undertakings and to contract as set out in this Agreement.
IT IS AGREED
DEFINITIONS AND INTERPRETATION
1.1 In this Agreement:
means any of:
(a) the company by which the Joint Administrators are employed;(b) that company’s directors, employees and / or agents; and(c) any other representatives of the Joint Administrators;”
” means the appellate tribunal of the JP which ratified the Decision of the First Tier Tribunal on 16 May 2012;
means the application for the transfer of the full membership of the SFA(as defined in the SFA Legislation) currently vested in RFC to Sevco;
“Associate Member of the SFL”
means a football club however constituted which is admitted to the Scottish Football League pursuant to Section 2 of the SFL Rules;
“Business Day” means a day on which banks are open for business in London and Glasgow, other than Saturday or Sunday;
means the date on which the last of the following events occurs: (i) theSFA shall have agreed to the transfer of the RFC Membership to Sevco; and (ii) the members of the SPL in general meeting shall have consented to the registration of the transfer of the RFC Share from RFC to Dundee FC;
“CW Exempt Acts”
means all acts and omissions of or undertaken under instruction from or with the actual knowledge of Craig Whyte during the period of his tenure asn Chairman of RFC, the sanctions for which are enforceable against RFC and not against CW as an individual and which are not CW Enduring Acts;
“CW Enduring Acts”
means all acts and omissions of or undertaken under instruction from or with the actual knowledge of Craig Whyte during the period of his tenure as Chairman of RFC, the sanctions for which are enforceable against RFC and not against CW as an individual where such acts or omissions relate to or are in any way connected with, directly or indirectly, corruption, fraud, bribery, match-fixing, unauthorised or undisclosed payments to players or Match Officials, or any matter similar in its reprehensible nature to any of the foregoing which acts or omissions are of at least equal gravity to those found to have been committed by or engaged in by RFC in the JP Determination;
means The Dundee Football Club Limited a company incorporated inScotland (registered number SCO04585) whose registered office is at Dens Park,Sandeman Street, Dundee DD3 7JY;”
” means any fee payments due to RFC by the SPL in relation to the 2011/12 playing season in terms of Section C of the SPL Rules;”
First Tier Tribunal
” means the first tier tribunal of the JP which delivered a decision in relation to RFC on 23 April 2012;”
” means Mr David Whitehouse and Mr Paul Clark of Duff & PhelpsLtd, 40 Bank Street, Canary Wharf, London E14 5NR, United Kingdom;
means the Judicial Panel formed by the Board of the SFA in accordance with the Articles of Association of the SFA (being part of the SFA Legislation) and operated inaccordance with the JP Protocol;
means the findings of fact of the First Tier Tribunal as recorded inthe Note of Reasons dated 30 April 2012.
means the protocol as promulgated by the Board of the SFA in relation tothe JP in accordance with the SFA Legislation from time to time;
” means the annual cup competition known as The Scottish Football
League Cup owned and operated by the SFL;
“the Judicial Review”
means the Petition P538/12 for Judicial Review lodged by RFC at the Court of Session, Edinburgh and all related proceedings in respect of the Decision of the First Tier Tribunal of 23 April 2012 as ratified by the Appellate Tribunal;”
” means an association football club operated by RFC which played in theScottish Premier League during season 2011/12 and previously;”
” means the prohibition on RFC, Sevco and Rangers FC fromseeking registration with the SFA of players, the details of which are as set out in theSchedule;
“RFC European Football Creditors
means Chelsea FC, Arsenal Football Club, AS StEtienne, FK Senica, Manchester City Football Club, SK Rapid, US Citta di Palermo SPA and any other football club in membership of a national association other than the SFA,which are owed or which may become owed any sum or sums by RFC;
” means the full membership of RFC in the SFA;”
RFC Scottish Football Creditors
” means [the SFA, the SPL, the SFL], The Dundee United Football Company Limited, Heart of Midlothian FC PLC, Aberdeen Football Club PLC and any other football club in membership of the SFA, which are owed or which may become owed any sum or sums by RFC;”
” means the one Share in the SPL owned by RFC;”
” means the Schedule to this Agreement;
Scottish Football League
association football league competition in three divisions owned and operated by the SFL;
Scottish Premier League
association football league competition owned and operated by the SPL;
an annual cup competition known as The Scottish Cup ownedand operated by the SFA;”
” means the Articles of Association of the SFA and all statutes,regulations, directives, codes, decisions and the International Match Calendar promulgated by the Board of the SFA, the Professional Game Board of the SFA, the JP,a Committee or Sub Committee of the SFA, FIFA, UEFA or the Court of Arbitration for Sport from time to time (as the context requires);
” means the Board of the SFL appointed under the SFL Rules and having
responsibility for the management of the business of the SFL;”
SFL Player Registrations
” means the SFL player registrations of all players employedby and registered to Sevco immediately after Completion;
” means a resolution or resolutions of the members of the SFL
passedon 13th July 2012 in terms approving the admission of Sevco as an Associate Member of the SFL, permitting Dundee FC to cease to be a member of the SFL with immediate effect and to become a shareholder in the SPL and authorising the SFL Board to direct that Rangers FC shall during season 2012/13 (at a minimum) play in the Third Division of the SFL;
” means the rules contained in the SFL Handbook Season 2011/12 as from time to time amended;”
” means an ordinary share of £1.00 each in the capital of the SPL;”
” means the asset sale and purchase agreement dated 14 June 2012 entered into between RFC and Sevco under which Sevco has purchased substantially all thebusiness and assets of RFC;
means the articles of association of the SPL as from time to time amended;”
SPL Player Registrations
” means the SPL player registrations of all players registeredto RFC by the SPL immediately prior to Completion;”
” means the Rules of the Scottish Premier League as from time to timeamended.
1.2 In this Agreement, unless the context requires otherwise:1.2.1 any reference to the parties, a recital or a clause is to the parties or the relevantrecital or clause to or of this Agreement;1.2.2 the clause headings are included for convenience only and shall not affect theinterpretation of this Agreement;1.2.3 use of the singular includes the plural and vice versa;1.2.4 use of any gender includes the other genders;1.2.5 any reference to ”
” includes individuals, firms, partnerships,companies, corporations, associations, organisations, governments, states,foundations and trusts, in each case whether or not having separate legalpersonality;1.2.6 any reference to the Schedule means the Schedule to this Agreement;1.2.7 any reference to a statute, statutory provision or subordinate legislation(”
“) shall be construed as referring to that legislation as amendedand in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
1.2.8 any words introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;1.2.9 any reference to an Agreement includes any form of arrangement, whether or not in writing and whether or not legally binding; and 1.2.10 any reference to an individual includes a reference to his personalrepresentatives, on whom this Agreement shall be binding.
1.3 The recitals and the Schedule form part of this Agreement and shall have effect as if setout in full in the body of this Agreement, and any reference to this Agreement includes therecitals and the Schedule.
1.4 Any undertaking by a party not to do any act or thing includes an undertaking not to allow, cause or assist the doing of that act or thing and to exercise all rights of control over theaffairs of any other person which that party is able to exercise (directly or indirectly) inorder to secure performance of that undertaking.
AGREEMENTS AND UNDERTAKINGS FROM AND WITH RFC AND SEVCO AND COMPLETION RFC and Sevco agreement with the SFA, SPL and SFL and Sevco undertakings tothe SFA, SPL and SFL
2.1 The SPL, Sevco and RFC hereby agree that on Completion Sevco shall, other than withrespect to the CW Exempt Acts, become liable and responsible for the purpose of imposition of sanctions by the SPL for any and all acts and/or omissions of RFC and/or Rangers FC which predated Completion including the CW Enduring Acts and which caused, resulted in, contributed or led to a breach of or failure to fulfil any provision or provisions of the SPL Articles and/or the SPL Rules by RFC and/or Rangers FC as if, for that purpose, such acts and/or omissions had occurred at a time when Sevco was the owner and holder of the RFC Share and Rangers FC had been owned and operated by Sevco and Sevco had been a full member of the SFA.
2.2 The SFA, Sevco and RFC hereby agree that on Completion Sevco shall, other than with respect to the CW Exempt Acts, become liable and responsible for the purpose of imposition of sanctions by the SFA for any and all acts and/or omissions of RFC and/or Rangers FC, including the matters detailed in clause 2.4 and clause 2.5 and the CW Enduring Acts, which predated Completion and which caused, resulted in, contributed or led to a breach of or failure to fulfil any provision or provisions of the SFA Legislation by RFC and/or Rangers FC as if, for that purpose, such acts and/or omissions had occurredat a time when Sevco was a full member of the SFA and Rangers FC had been ownedand operated by Sevco and Sevco had been a full member of the SFA.
RFC and Sevco Undertakings to and Agreements with the SPL
2.3 RFC and Sevco undertake to and agree with the SPL that on and from Completion:
2.3.1 Sevco shall become liable to the RFC Scottish Football Creditors in the sums due to date or which may hereafter become due (but in respect of such sums tobecome due only in relation to (i) outstanding instalments of transfer fees and(ii) sell-on clauses in transfer contracts for which Sevco receives the full or anynpart of the transfer fee and is liable to account to the original club for any sell on entitlement arising) to the RFC Scottish Football Creditors by RFC as if Sevco had always been so liable and Sevco shall from and after Completion pay to each of the RFC Scottish Football Creditors such sums as are or may become due to the RFC Scottish Football Creditors in accordance with the subsisting contractual terms between RFC and each of the RFC Scottish Football Creditors (or such variation thereof as Sevco may hereafter agree with any of them) as if the relevant contractual terms had always been between Sevco and each of the RFC Scottish Football Creditors; and2.3.2 RFC, Sevco and Rangers FC irrevocably renounce, waive, release and discharge any right and/or entitlement to any unpaid Fees and any other sums due or to become due howsoever arising, including without prejudice to the foregoing generality, in respect of or related to season 2011/12 and earlier seasons and whether under and in terms of the SPL Articles and/or SPL Rules or otherwise, by the SPL to RFC, Sevco and/or Rangers FC and hereby agree that the SPL shall retain all such Fees and other sums due to use and apply asthe SPL shall in its sole discretion think fit.
Sevco Undertakings to and Agreements with the SFA
2.4 Sevco irrevocably undertakes to and agrees with the SFA that on (in respect of all monetary obligations) and from (in respect of all other obligations) Completion it shall:2.4.1 be bound by and comply with the SFA Legislation;2.4.2 procure that all directors, managers and office holders of Sevco are fit andproper persons pursuant to Article 10 of the Articles of Association of the SFA(comprised within the SFA Legislation), all as more specifically addressed in the acceptance (if any) of the Application;2.4.3 become liable (i) to the RFC Scottish Football Creditors on the basis set out inclause 2.3.1 and (ii) to the RFC European Football Creditors in the sums due todate or which may hereafter become due (but in respect of such sums to become due only in relation to (i) outstanding instalments of transfer fees and(ii) sell-on clauses in transfer contracts for which Sevco receives the full or anypart of the transfer fee and is liable to account to the original club for any sell onentitlement arising) to the RFC European Football Creditors by RFC as if Sevcohad always been so liable and Sevco shall from and after Completion pay toeach of the RFC European Football Creditors such sums as are or may becomedue to the RFC European Football Creditors in accordance with the subsistingcontractual terms between RFC and each of the RFC European FootballCreditors (or such variation thereof as Sevco may hereafter agree with any of them) as if the relevant contractual terms had always been between Sevco and each of the RFC European Football Creditors and Sevco will indemnify and keep the SFA indemnified against all losses, claims, demands, awards and others suffered by the SFA as a result of any breach of the terms of this clause 2.4.3 by Sevco; and 2.4.4 acknowledge that under UEFA Regulations, Sevco/Rangers FC is currently ineligible to participate in UEFA Competitions. Subject to their qualification on sporting merit and any dispensation granted by UEFA following representations by Sevco/Rangers FC, the SFA shall nominate Sevco/ Rangers FC for participation in applicable UEFA competitions when they become eligible to so participate.
Sevco and RFC Undertakings to the SFA
2.5 Sevco and RFC agree and irrevocably undertake to the SFA as follows (in respect of all monetary obligations, such undertaking to be implemented on Completion):2.5.1 in respect of the decision of the Appellate Tribunal to ratify the decision of theFirst Tier Tribunal
, and the subsequent interlocutor (“the Interlocutor”) of Lord
Glennie dated 29 May 2012 addressed to the Appellate Tribunal: RFC will immediately enter into a joint minute with the SFA, to which Sevco will consent immediately upon presentation, addressed to the said Appellate Tribunal, (i) to provide by agreement that the Appellate Tribunal be empowered by the SFA and RFC, and with the unconditional and irrevocable consent of Sevco, to impose the Registration Embargo; and (ii) for final determination by the Appellate Tribunal that the Registration Embargo be imposed;2.5.2 Sevco and Rangers FC will be bound by and comply with the Registration Embargo which is voluntarily assumed by them on an unconditional and irrevocable basis; 2.5.3 Sevco will make payment to the SFA of the aggregate of (i) the fine of £10,000 imposed on RFC for the breach of Rule 2 of the JP Protocol; (ii) the fine of £50,000 imposed on RFC for the breach of Rule 14 of the JP Protocol; (iii) thefine of £100,000 imposed on RFC for the breach of Rule 66 of the JP Protocol;and (iv) the fine of £5,000 imposed on RFC for breach of Rule 73 of the JPProtocol, and shall pay the costs incurred by the SFA in relation to the JudicialReview in the sum of £31,063.40; the total sum to be paid to the SFA pursuant to this Clause 2.5.3 will be £196,063.40; and 2.5.4 RFC and Sevco will not seek to enforce the award of costs made in favour of RFC by the Court of Session in relation to the Judicial Review.
2.6 The SFA, the SPL, RFC and Sevco hereby agree that the transfer of the RFC Membership to Sevco is wholly suspensive and conditional on the transfer of the RFC
Share to Dundee FC being registered by the SPL no later than midnight on 3rd
3. UNDERTAKINGS FROM THE SFA
3.1 The SFA will enter into an Agreement to approve the transfer of the RFC Membership to Sevco (“the Application Agreement”) on the same date as this Agreement and shall take whatever steps are necessary to effect such transfer immediately on Completion. The SFA irrevocably undertakes that it will not attach any conditions to the transfer of the RFC Membership other than those set out in this Agreement and the Application Agreement.
3.2 Subject to Completion taking place, the SFA hereby acknowledges and accepts that the transfer of the SPL Player Registrations from the SPL to the SFL, such that they become SFL Player Registrations in accordance with clause 5.2, renders all players in respect of whom such a transfer of registration has taken place, registered with the SFA. Pending Completion and subject to the appropriate dispensation being granted by the SPL inrelation to the SPL Player Registrations, the SFA will treat all players who would be subject to this Clause 3.2 as registered with the SFA.
3.3 Pending Completion, the SFA confirm it has granted Sevco conditional Full Membershipof the SFA to facilitate the playing of matches by Rangers FC for the period until midnighton 3rd
August 2012. In the event that the transfer of the RFC Share to Dundee FC has not been registered by the SPL by that time, then this Agreement will automatically lapse andthe arrangements set out herein will not come into effect;
Sevco’s conditional Full
Membership of the SFA will automatically lapse; and all player registrations held by theSFA will revert to RFC and Sevco’s interest will be cancelled.
4 UNDERTAKING FROM THE SPL
If, and only if, the members of the SPL in General Meeting give approval to theb registration of the transfer of the RFC Share from RFC to Dundee FC pursuant to article 11 of the SPL Articles, the SPL irrevocably undertakes to take whatever steps are necessary to record Dundee FC as the holder of the RFC Share in the registers of members and transfers of the SPL immediately following transfer of the RFC Membershipto Sevco from RFC by the SFA.5.
UNDERTAKINGS FROM THE SFL
5.1 As the members of the SFL in general meeting have given approval to the SFL Resolution resulting in the admission of Sevco as an Associate Member of the SFL and the admission of Rangers FC to play in the Third Division of the Scottish Football League during season 2012/13 (at a minimum), the SFL irrevocably undertakes to take whatever steps are necessary on Completion to record Sevco as an Associate Member of the SFL in substitution for Dundee FC immediately following transfer of the RFC Membership to Sevco from RFC by the SFA and the registration by the SPL of the transfer of the RFCShare to Dundee FC.
5.2 On Completion, the SFL shall accept the transfer of the SPL Player Registrations fromthe SPL to be SFL Player Registrations as if Rangers FC had been relegated from the SPL to the SFL.5.3 On Completion Dundee FC shall cease to be a member of the SFL and Dundee FC shall not be liable for any sanction or liability to the SFL in connection with or arising out of such cessation of membership.
6.1 The parties warrant and represent that they each have the necessary power to perform their obligations under this Agreement and all agreements to be entered into by them pursuant to this Agreement (if any).6.2 This Agreement, and any agreements to be entered into by the parties under this Agreement constitutes (or will when executed constitute) binding and enforceableobligations on each party in accordance with their respective terms.
No party may assign or otherwise dispose of any rights under this Agreement including(without limitation) by way of declaration of trust. Any purported assignation in breach of this clause shall be void and confer no rights on the purported assignee.
ANNOUNCEMENTS AND CONFIDENTIALITY
8.1 Neither RFC nor Sevco may make any disclosure to a third party, press release or public announcement whatsoever about, concerning or relating to this Agreement and/or thetransactions contemplated by it or disclose any of the terms of this Agreement except in terms which do not depart from the terms of a public statement agreed in writing by the parties or with the express prior written consent of all parties to this Agreement.8.2 Clause 8.1 shall not apply to any disclosure made by a party to its professional advisers,or to any announcement or disclosure required by the laws of any relevant jurisdiction or by any competent regulatory or governmental body or securities exchange in any relevant jurisdiction, provided that the party required to make such an announcement or disclosure shall first take all such steps as may be reasonable and practicable in the circumstancesto consult with the other parties, and shall take into account their reasonable comments.8.3 Each party shall ensure that any professional adviser to which it discloses information under clause 8.2 is made aware of the obligations of confidentiality contained in thisclause and complies with this clause as if binding on it directly.
Each party shall bear its own costs and expenses in connection with the preparation,negotiation, execution and performance of this Agreement and the documents referred to in it.
THIRD PARTY RIGHTS
A person who is not a party to this Agreement has no right under this Agreement except to the extent that each of the RFC Scottish Football Creditors and the RFC EuropeanFootball Creditors are due to be paid a sum or sums by Sevco in terms of this Agreement, each of them may to the extent of the sum or sums due to each of them rely on this Agreement against Sevco. The consent of the RFC Scottish Football Creditors and the RFC European Football Creditors will not be required for any amendment to or variation of this Agreement.
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of that or any other right or remedy. A waiver of abreach of any term of this Agreement shall not constitute a waiver of any other breach of this Agreement.
WAIVER OF CLAIMS
12.1 Sevco and RFC each hereby release each of the SFA, the SPL and the SFL and any of their respective directors, officers, employees and member clubs (past, present or future)
(all and each of them “the Released Parties”) from all claims, whether known or unknown
to each of Sevco and RFC, which each of Sevco and/or RFC has or may have against the Released Parties arising out of or connected, whether directly or indirectly, with (i) theconduct of the SFA, the SPL and/or the SFL with regards to or in respect of RFC, Sevcoand/or Rangers FC in connection with this Agreement and the negotiations leading up toit; (ii) the Registration Embargo; and (iii) the granting of and the terms of the obligations,undertakings and the warranties by RFC and/or Sevco in this Agreement (all and each of
them “the Claims”).
12.2 Except with respect to any alleged breach of the obligations on the SFA, the SPL and/or the SFL comprised in this Agreement, each of Sevco and RFC hereby undertakes that itshall not, and will procure that its respective directors, associated companies,shareholders, officers and in the case of Sevco those of its directors who are shareholders (in that capacity) and Mr Richard Hughes (as a shareholder) shall not commence, or threaten to commence, any proceedings in any jurisdiction before any court, arbitration or other similar judicial body against the Released Parties (including by way of third party claims in any other action) arising out of or connected, whether directlyor indirectly, with any of the Claims or any other matter addressed in this Agreement.
12.3 Each of Sevco, RFC and/or Rangers FC hereby warrant to the Released Parties that theyare not aware of any basis on which they could make a claim of any nature against all or any of the Released Parties (except with respect to any alleged breach of the obligationson the SFA, the SPL and/or the SFL comprised in this Agreement).
13.1 It is an essential condition of this Agreement:
13.1.1 that the Joint Administrators contract solely as agents of RFC and neither they
nor any Administrators’ Representative shall incur any personal liability of
whatsoever nature (whether directly or indirectly, express or implied) and howsoever arising including, without prejudice to the foregoing generality,personal liability in respect of any action or actions of whatsoever nature and howsoever arising in pursuance of all other parties’ rights and/or obligations under this Agreement and whether such claim is formulated in contract and/or delict and/or tort and/or restitution or by reference to any other remedy or right,and in whatever jurisdiction or forum;13.1.2 that no claim arising directly or indirectly from this Agreement (or under any deed or other document executed in consequence hereof or on or under any associated or collateral agreement or arrangement) will lie against the Joint
Administrators or any Administrators’ Representative personally and the
Administrators (or any Administrators’ Representative as relevant) shall be
entitled at any time to have any such deeds, documents or others amended to include an exclusion of personal liability in terms of this Clause 13; and13.1.3 that any personal liability of the Administrators or any which would in terms of the Insolvency Act 1986 arise but for the provisions of this Clause 13 is hereby expressly excluded.13.2 The Joint Administrators have joined in as parties to this Agreement solely for thepurpose of obtaining the benefit of the provisions of this Clause 13 and any other provisions in this Agreement in their favour.13.3 Nothing in this Agreement shall constitute a waiver of any right of the Joint Administrators
or any Administrators’ Representative to be indemnified, or to exercise a lien, whether
under the provisions of the Insolvency Act 1986 or otherwise howsoever.
13.4 Nothing in this agreement shall prevent the Joint Administrators using the name “RangersFootball Club” or any other trade name of RFC for the purposes of the performance of their statutory duties.
At or after Completion, the parties shall at their own cost execute all such documents and do or cause to be done all such other things as another party may from time to time require in order to give full effect to this Agreement.
This Agreement and the documents referred to in it together constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement. Each party acknowledges that it is not relying on any pre-contractual statement which is not set out in this Agreement or the documents referred to in it.
GOVERNING LAW, JURISDICTION
16.1 All the Parties hereto agree that in relation to any proceedings involving RFC initiated after the date of this Agreement the SFA will continue to retain appellate jurisdiction notwithstanding the terms of Article 16.3 of the Articles of Association of the SFA.16.2 This Agreement shall be governed by and construed in accordance with the laws of Scotland. Each party irrevocably submits to the exclusive jurisdiction of the Court of Arbitration for Sport, Avenue de Beaumont 2, CH-1012 Lausanne inrelation to any claim, dispute or matter arising under or in connection with this Agreement.
Any notice to be given hereunder shall be duly given if:
delivered personally;17.2 mailed by first class pre-paid mail to the address stated in this Agreement of the party to be served which notices shall be deemed to have arrived in the ordinary course by post; or 17.3
sent by facsimile to the addressee’s n
umber notified to the sender by theaddressee or recorded in any official index of facsimile numbers which noticesshall be deemed to have arrived on the date of transmission if sent not later than one hour before close of business on a Business Day or otherwise on the next Business Day provided that the sender does not within 24 hours after sending such notice receive any indication that the message is incomprehensible.The addresses for service of notices are:
Address: Hampden Park, Glasgow G42 9AYFax number: 0141 616 6001For the attention of the Chief Executive
Address: Hampden Park Glasgow G42 9DEFax number: 0141 620 4141For the attention of: Company Secretary
Address: Hampden Park, Glasgow G42 9EBFax number: 0141 620 4161For the attention of: the Chief ExecutiveRFC
The Parties hereto consent to the registration of these presents for preservation and execution.
In Witness Whereof
these present consisting of this and the preceding [
]pages together with the Schedule hereto are executed as followsSubscribed for an on behalf of
THE SCOTTISH FOOTBALL ASSOCIATION LIMITED
at on the day of 2012 by………………………………………… DIRECTOR………………………………………… FULL NAMEBefore this witness………………………………………… Witness…………………………………………Name………………………………………… Address………………………………………… OccupationSubscribed for an on behalf of
THE SCOTTISH PREMIER LEAGUE LIMITED
at on the day of 2012 by………………………………………… FULL NAME………………………………………… FULL NAMESubscribed for an on behalf of
THE SCOTTISH FOOTBALL LEAGUE
at on the day of 2012 by………………………………………… DIRECTOR………………………………………… FULL NAMEBefore this witness………………………………………… Witness………………………………………… Name………………………………………… Address………………………………………… OccupationSubscribed for an on behalf of
THE RANGERS FOOTBALL CLUB PLC
(IN ADMINISTRATION)at on the day of 2012 by………………………………………… JOINT ADMINISTRATOR………………………………………… FULL NAMEBefore this witness………………………………………… Witness………………………………………… Name………………………………………… Address………………………………………… OccupationSubscribed for an on behalf of
SEVCO SCOTLAND LIMITED
at on the day of 2012 by………………………………………… DIRECTOR………………………………………… FULL NAME
Before this witness………………………………………… Witness…………………………………………Name………………………………………… Address………………………………………… Occupation
There are the 27 wins of the Scottish League Cup, since this competition’s inauguration in 1946, to consider. There can be little doubt that these are in the purview of the then SFL.
The Scottish Cup is in the gift of the SFA. Did the SFA sanction the transfer of 33 Scottish Cup titles? If so there must be a paper trail. When will this paper trail be exposed?
The 54 Championship wins are subject to debate. The SFL was inaugurated in 1890. It merged with the SPL to form the SPFL on 13 June, 2013. However the SPL broke away from the SFL in 1998. As can be seen from the final draft, all RFC player registrations were transferred to the SFL to facilitate Sevco Scotland playing in Division Three. Therefore the Championship titles from 1998 were in the gift of the SPL.
When Neil Doncaster met a deputation of fans he asserted that Longmuir and Bannatyne transferred the titles to the new club. He was lying. Doncaster must have been a party to all transfers from 1998.
Regan, Doncaster, Longmuir and Bannatyne are all party to this stitch-up.
As the final draft is a lengthy document and this article has now exceeded 6700 words, I won’t address all the takeaways. I will note that the aforementioned names were keen to be considered as ‘Released Parties’ and insisted that CAS is the only court of appeal other than the SFA.
The SFL undertaking in 5.2 is interesting:
5.2 On Completion, the SFL shall accept the transfer of the SPL Player Registrations from the SPL to be SFL Player Registrations as if Rangers FC had been relegated from the SPL to the SFL.
Here in black and white is an admission that Rangers FC had not been relegated. However there is a reference to owner/operator giving the impression that the ethereal club continues.