From X The Insolvency Firebreak & The July Commercial Debt Cleanout
David Sullivan's June 6th resignation as a director was a highly calculated legal firebreak ahead of the BBC Panorama broadcast to protect his personal estate and insulate the club. Under the UK Insolvency Act 1986, sitting directors can face severe personal financial and criminal liability for "wrongful trading" if they continue operating a business that carries unmanageable deficits with no realistic prospect of avoiding insolvency. With West Ham sitting on a record £104.2 million pre-tax loss, Sullivan proactively stepped down to strip himself of daily fiduciary liability. Simultaneously, this move protected West Ham’s multi-million-pound commercial sponsorships from being canceled under standard morality clauses following the toxic media fallout. He stepped away from daily liability, leaving his illiquid 38.8% equity intact, while clearing a completely unhindered path for Křetínský’s cash to clean up the mess. Make no mistake: clearing the immediate £90M deficit only satisfies basic EFL licensing; it does not touch the club's underlying debt mountain. The commercial banking registry shows that the operating team (Company No: 00066516) is still suffocating under a £40 million ($51 million) Barclays overdraft expiring on July 15th and an £89 million ($114 million) drawn debt to Rights and Media Funding (Charge 0049), which has racked up an unsustainable £19 million ($24 million) in annual interest fees alone. Because West Ham has been relegated, high-street banks and sports financiers will flatly refuse to roll over credit or layer fresh debt onto a second-tier club carrying a record £104.2M loss. The traditional credit lines are frozen solid. This banking wall is precisely why Křetínský’s institutional capitalization model is an absolute necessity. Moving into July, Svarc and Horský will most likely oversee an aggressive corporate debt restructuring. Backed by his immense private liquidity, Křetínský can use use his majority voting block to completely satisfy the expiring Barclays overdraft and refinance the Rights and Media debt—replacing toxic, high-interest third-party bank debt with interest-free shareholder capital. Once the interest bleed is stopped, the model shifts toward exploiting the league's infrastructure spending loophole. While Squad Cost Rules strictly limit player wage expenditure relative to football revenue, capital spent directly on upgrading the training ground or purchasing the London Stadium is 100% exempt from financial fair play limits. By converting short-term bank liabilities into long-term, exempt real estate assets, Křetínský will expand the club's legal revenue baseline—giving West Ham a permanent financial spending advantage for a top-flight return. #LondonStadium #RushGreen #FinancialFairPlay #PSR #EFL #Restructuring #Banking
For Sullivan, his ideal will be to take a step aside this year whilst he is under the spotlight, retain his shares, then sell should we get promoted back to the PL.
He’s not (permanently) going anywhere for at least another year.
From memory of reading David Gold's short book many years ago I recall that Sullivan insisted that Karen Brady be given 1 million ponds at a young age, something to do with Birmingham FC apparently. Correct me if I an wrong.
For Sullivan, his ideal will be to take a step aside this year whilst he is under the spotlight, retain his shares, then sell should we get promoted back to the PL.
He’s not (permanently) going anywhere for at least another year.
Regretably DS will probably benefit financially from the efforts of others to get us back into the EPL but hopefully he won't be able to stop any plans DK has to correct the mess we are currently in.
For Sullivan, his ideal will be to take a step aside this year whilst he is under the spotlight, retain his shares, then sell should we get promoted back to the PL.
He’s not (permanently) going anywhere for at least another year.
For Sullivan, his ideal will be to take a step aside this year whilst he is under the spotlight, retain his shares, then sell should we get promoted back to the PL.
He’s not (permanently) going anywhere for at least another year.
Lukerz, he’s gone and won’t be back.
Well he hasn’t
He has no power. Kretinsky and Good have agreed to vote together on all major topics. Sullivans 38% has been sidelined. The IFR are investigating h and could force h to sell up. He is basically up a creek…….
Sullivan may still hold his shares and even sell them for a large sum but if Gold and Kretinsky are united they represent pretty much only money as he will have no power at all. The money will not mean too much as he is too old to spend what he already has, yet his shattered reputation is what he will leave with and what will remain attached to his name now.
A new dawn beckons for West Ham - Lets hope it's a bright one.
For Sullivan, his ideal will be to take a step aside this year whilst he is under the spotlight, retain his shares, then sell should we get promoted back to the PL.
He’s not (permanently) going anywhere for at least another year.
Lukerz, he’s gone and won’t be back.
Well he hasn’t
He has no power. Kretinsky and Good have agreed to vote together on all major topics. Sullivans 38% has been sidelined. The IFR are investigating h and could force h to sell up. He is basically up a creek…….
He still has voting rights at an AGM and shareholder meetings, while he may be told to look for a buyer in the future and won’t be able to effect day to day decisions he can still influence the direction of travel. I expect he is hoping others to get us back to the PL and sell for bigger money.
As Kretinsky and Gold have agreed to vote together I don’t think Sullivan will have any influence on anything going forward. I should think, while all the investigations are going on, he will be advised to stay well clear of the club at all times. Kretinsky and Gold acted pretty quickly to make sure they got control and all Sullivan can sell now is his shareholding. It will go soon from Kretinsky acting to have the same share holding to Sullivan to he being the major shareholder with 42%. I doubt he is at all welcome at the moment.
It looks like DK is going to inject the required £90m to get us through the financial mess we're in. This is likely to be by means of a rights issue. if DS can't stump up 38% of this his holding is likely to be diluted severely. He is an asset billionaire so cash is tight.
He is under IFR investigation, and what a great start this would be for them.
DS still owns 38% but has no say in the running of the Club as Kretinsky and Gold have agreed to vote together on all important aspects of club business. His holding is likely to be diluted when DK invests £90m into the club, which clears the financial clouds over us. So DS has a shareholding but no power over West Ham, which makes him irrelevant.
Read an article in the Times where Kretinsky states we don’t need to sell our best players & he has spoken to the likes of Bowen, Souček & Mavropanos about our ambitions to go back up straight away & beyond. So I assume he will provide the funding by the required deadline to stabilise the club for next season.
Let's be honest, players that have been at the club for a while won't be blind to the lack of consistent and progressive direction from the top of the club, so the fact that Sullivan won't be pulling the strings will only be a positive in their perception of how things will progress in the next season or two. Whether that will be enough to prevent a number of players that we'd like to keep from wanting to leave is another matter though.
Read an article in the Times where Kretinsky states we don’t need to sell our best players & he has spoken to the likes of Bowen, Souček & Mavropanos about our ambitions to go back up straight away & beyond. So I assume he will provide the funding by the required deadline to stabilise the club for next season.
He needs to provide the initial funding by the end of June while we are still a EPL club. After that the Directors can only put in £15m a year as an EFL club.
I think we all accept that Summerville & Fernandes will go to raise funding for new players, but outside of that I can’t see too many players that we desperately need to move on who will be worthwhile selling. Todibo I imagine will go due to Nuno staying.
Comments
The Insolvency Firebreak & The July Commercial Debt Cleanout
David Sullivan's June 6th resignation as a director was a highly calculated legal firebreak ahead of the BBC Panorama broadcast to protect his personal estate and insulate the club. Under the UK Insolvency Act 1986, sitting directors can face severe personal financial and criminal liability for "wrongful trading" if they continue operating a business that carries unmanageable deficits with no realistic prospect of avoiding insolvency. With West Ham sitting on a record £104.2 million pre-tax loss, Sullivan proactively stepped down to strip himself of daily fiduciary liability. Simultaneously, this move protected West Ham’s multi-million-pound commercial sponsorships from being canceled under standard morality clauses following the toxic media fallout. He stepped away from daily liability, leaving his illiquid 38.8% equity intact, while clearing a completely unhindered path for Křetínský’s cash to clean up the mess. Make no mistake: clearing the immediate £90M deficit only satisfies basic EFL licensing; it does not touch the club's underlying debt mountain. The commercial banking registry shows that the operating team (Company No: 00066516) is still suffocating under a £40 million ($51 million) Barclays overdraft expiring on July 15th and an £89 million ($114 million) drawn debt to Rights and Media Funding (Charge 0049), which has racked up an unsustainable £19 million ($24 million) in annual interest fees alone. Because West Ham has been relegated, high-street banks and sports financiers will flatly refuse to roll over credit or layer fresh debt onto a second-tier club carrying a record £104.2M loss. The traditional credit lines are frozen solid. This banking wall is precisely why Křetínský’s institutional capitalization model is an absolute necessity. Moving into July, Svarc and Horský will most likely oversee an aggressive corporate debt restructuring. Backed by his immense private liquidity, Křetínský can use use his majority voting block to completely satisfy the expiring Barclays overdraft and refinance the Rights and Media debt—replacing toxic, high-interest third-party bank debt with interest-free shareholder capital. Once the interest bleed is stopped, the model shifts toward exploiting the league's infrastructure spending loophole. While Squad Cost Rules strictly limit player wage expenditure relative to football revenue, capital spent directly on upgrading the training ground or purchasing the London Stadium is 100% exempt from financial fair play limits. By converting short-term bank liabilities into long-term, exempt real estate assets, Křetínský will expand the club's legal revenue baseline—giving West Ham a permanent financial spending advantage for a top-flight return. #LondonStadium #RushGreen #FinancialFairPlay #PSR #EFL #Restructuring #Banking
He’s not (permanently) going anywhere for at least another year.
Interesting times ahead.
He is basically up a creek…….
A new dawn beckons for West Ham - Lets hope it's a bright one.
Worm of a man
Kretinsky and Gold acted pretty quickly to make sure they got control and all Sullivan can sell now is his shareholding. It will go soon from Kretinsky acting to have the same share holding to Sullivan to he being the major shareholder with 42%.
I doubt he is at all welcome at the moment.
if DS can't stump up 38% of this his holding is likely to be diluted severely. He is an asset billionaire so cash is tight.
He is under IFR investigation, and what a great start this would be for them.
He's done.
Has the bad man gone?🤷🏻♂️
So DS has a shareholding but no power over West Ham, which makes him irrelevant.
Things will be moving quite fast.