Unsealed Billy Corgan Lawsuit Documents Shed Light On Why He’s Suing TNA by David Bixenspan (Bix)
http://www.sescoops.com/unsealed-bil...hes-suing-tna/
Analysis of the situation courtesy of Hobbes from F4W board:
Quote:
“- At some point, Dixie and Billy entered into a "equity pledge agreement" where if TNA ever defaulted/become insolvent, Dixie would get the voting rights of Dixie's shares, essentially giving him at least the decision making power of a majority owner. A central part of this lawsuit seems to be Corgan saying that the company became insolvent, and he never got the power he was promised if such a thing ever happened, and Dixie is saying that the company is not insolvent.
- Corgan, the Thursday before Bound For Glory, and one day before the famous Friday deadline where TNA needed money and Anthem/Fight Network bailed them out, let TNA know that he believed that TNA had defaulted multiple times, and that he was going to exercise the part of his agreement that would let him take power over the decisions of the company. This came only two days after AOI Productions filed a lawsuit against TNA for not paying them for doing production in 2015. Bix wonders if someone tipped Billy off that this lawsuit had been filed, given the timing of all of this.
At this point, we need to remember that Meltzer said Billy did not have the power he was expecting at the last tapings, and that some of his ideas weren't realized. So again, it seems like Billy believes that his agreement with Dixie gives him the legal right to control the day to day operations of the company if TNA went bust, and Dixie's defense is she is saying TNA hasn't gone bust.
- What's TNA's exact defense? It's that TNA hasn't defaulted "as that term is used in the Pledge Agreement" between Corgan and Dixie. More interestingly, they're denying being insolvent by the state of Tennessee's definition of insolvency, which is that you are insolvent if your debt is larger than your assets. Dixie is claiming that the company is worth more than it owes.
- So Billy's response in this lawsuit is to ask for basically all TNA's paper work. Proof of what they owe, negotiations with WWE and other entities, etc. Prove you're not insolvent. As we see in the part of the lawsuit that Mike Johnson quoted in the article MrGamer posted, Dixie is saying that she "objects to this request on the grounds that it seeks information that, at least in part, can be obtained from some other source that is more convenient, less burdensome, and/or less expensive, named Plaintiff. Subject to, and waiving that objection, and consistent with the Tennessee Rules of Civil Procedure, Ms. Salinas is producing responsive documents herewith." To me, this is insane. Billy Corgan is currently President of TNA, he is asking their owner to provide proof of their business negotiations and outstanding debts, and Dixie's defence is "No, because he can get them from somewhere else easier". On what planet would it be cheaper and easier to get records of TNA's debt and expenses from all the various outside parties than from TNA, THE COMPANY YOU RUN?
- Now if you're trying to do the math in your head, Bix says TNA owes over 4 million dollars right now, and that doesn't include the tax debt to the state of Tennessee, any debts to talent/employees, and the debt to Corgan. He notes WWE would probably value the TNA tape library at a million dollars. If you're thinking "Hey, maybe the two overseas TV deals are worth millions and so TNA really does have more assets than debts, and is therefore not insolvent", Bix points out that legally, the TV contracts are not considered assets, they're considered "receivables", so you can't factor them in. That especially makes sense when you consider that in the case of the India deal, they're about to void the contract by not doing an overseas tour this year, and if Sony Six wanted to, they could cancel the deal at any time.
Summary: Billy and Dixie are fighting over how broke TNA is. Is it just broke, or really broke?
Some related stuff to add to that, is even with Anthem's offer to pay Corgan to drop the suit, 1) That doesn't prove solvency, and 2) That doesn't change the fact that at the time of filing, Billy's complaint that TNA was insolvent wasn't true.
But on the other side, Dixie saying that info is easier obtained from other sources is questionable. That is a motion that has to be filed, and in turn, Billy's side has to prove exhaustion (basically, that they tried to get the necessary information through other means, but despite their best efforts, they couldn't find the info). It's one of a million things a lawyer will do to slow down and increase costs to the plaintiff.”