In more "lol TNA" news, undertitle "just let it fucking die already," per yesterday's WON...
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The key in documentation is that the loan from Anthem was slated to be turned into a controlling investment in the company, which is why Corgan filed for his restraining order and attempt at an injunction.
In documentation, it has become clear that even though TNA outright told Corgan they were not selling to WWE, and Carter told the wrestlers that they were not selling either the company or tape library to WWE, that they were in the middle of negotiations to sell the entire company to WWE at the time and well before the rumors came around of WWE's involvement.
Material also showed that WWE questioned Carter about Corgan’s loan to the company. Carter responded in writing to them, saying that , “I intend to pay the loan back in full, plus interest, prior to selling the company.” Carter also sent an e-mail to WWE saying that she won’t (or perhaps can’t) sell until Corgan is out.
Impact Ventures response to the Corgan lawsuit was sealed, but based on Corgan’s side response, which wasn’t sealed, that Impact and Carter claimed Corgan’s attempt to get an injunction was “nothing more than a back-handed grab for power.”
The Impact Ventures response also categorized Corgan as a “predatory lender” with “strong-arm loans.”
TNA said Carter e-mailed Corgan on 10/17 asking him to consent to Anthem paying him back the entire loan amount and that Corgan’s lawyers were in talks about making that deal, but three days late, Corgan asked for more money. They claimed Corgan’s game would be to constantly ask for a higher number to keep from an agreement taking place, and in doing so, with Carter being unable to sell, the company wouldn’t be able to pay bills and continue. They claim that Corgan not agreeing to settle, a provision of the Anthem loan, has strangled business.
Corgan obviously did not accept the offer to be bought off, and filed a new and slightly amended lawsuit on 10/25. He is looking for control of the company based on his agreement with Carter where he was to get the company if it was financially insolvent. He claims it is. Carter claims it isn’t, although TNA has cut back on spending to almost an embarrassing degree if you know the details of it. TNA is also the subject of multiple lawsuits based on defaulting on payments to various creditors.
Debt that we are aware of would be in excess of $4.7 million, which would be debt to Aroluxe, Anthem, and the three entities that have recently filed lawsuits against the company for failing to pay them as agreed to, BankDirect Capital Finance LLC, American Express and Audience of One Productions, LLC. That number doesn’t include Corgan and there are likely other debtors who have not filed suit, one of which ended up being named in court papers, so the actual number is significantly higher.
While the exact debt isn’t known, Scott Smith, Corgan’s attorney, said that TNA’s financial liabilities have increased 52 percent since June and the debt is even more than that.
At the 10/26 hearing regarding the injunction, Smith said that TNA hasn’t been paying its talent, and while it claims it is due to Corgan’s lawsuit, it’s really because of cash flow problems. He said TNA’s projections show one year of more cash flow problems, and that TNA was in ICU five times this year before people each time bailed them out.
He also said that the figure WWE offered to buy the company was less than its current liabilities, which would seem to indicate the WWE offer being $6 million or less.
At one point during the hearing, Sims mentioned that one of the notes owed to Corgan was for $1.8 million.
As part of his agreement to put more money in the third time in August, Corgan demanded that he replace Carter as the President of the company, and that he would be in charge of day-to-day operations. The other agreement was that if Carter defaulted on paying back Corgan, that he would get all of her interest in the company and the voting power that goes with it as collateral, meaning he would both own the company and have the power to run it. She agreed to those terms.
Corgan claimed the money owed by TNA exceeded the value of the company assets, meaning it was insolvent.
It also showed that talks with WWE started likely before June, since there was a 6/4 letter from WWE stating a proposal made by them to TNA to be a “non-binding indication of interest for discussion purposes.”
While all numbers have been redacted from the documentation, it was noted in filings that the WWE reduced numbers of what they were willing to pay in later offers.
Corgan claimed that both Carter and Broadhead denied to him any discussions were taking place with WWE regarding sale of some assets (the tape library in this situation) but Corgan claimed those discussions had taken place, are continuing to take place, and that Carter admitted it to the wrestlers in a meeting on 10/2.
Corgan said that in his role of President, based on the agreement Carter signed, that he would have full access to all company records and could investigate all the records, the assets and the liabilities and the right to review the business plan with the top officers of the company.
This coincides with what we had learned since the last television tapings, that while publicly, it was said that Corgan was the President and in control of both creative and day-to-day operations, that his decisions were not adhered to, creative ideas were changed, and he was not given access to the books nor allowed to make the changes that he believed he was given the power to do.
He confirmed in writing that he had not been provided with access to the information he would need to make an informed decision about converting his loan into stock in the company.
He also stated that had he not been appointed President, he would not have agreed to make the last loan because he believed Carter and the others in charge had “driven the company into the ground.”
Corgan’s side also discovered an e-mail from Carter to Anthem which showed that they never had any intention of giving him the power promised, and may be a smoking gun it the case, with the line written, “Mr. Corgan may have an agreement providing him with a title, but in the absence of a document delegating authority to him, it is a vacuous appointment.”
In fact, Corgan noted, he never even received a draft of an employment agreement for his new position of President.
It was also confirmed that Corgan had the right to convert the money he lent to TNA into 36 percent ownership of the company. So while it was portrayed that he had invested in and become a stakeholder, which wasn’t true, it wasn’t completely untrue either.
Corgan’s suit claimed that Jason Brown, the CEO of Aroluxe LLC, is now managing the day-to-day activities of Impact Venturers and that Corgan has been excluded from that process even though he is listed as the company President and has an agreement stating as such, and claimed that Brown has been both planning events for 2017 and also negotiating contracts with talent.
He claimed that was another breach of their agreement.
On 10/12, Corgan told Carter and the other defendants that as the holder of Carter’s voting rights, he was going to remove all the managers of Impact wrestling and hire new ones. Carter refused to acknowledge that Corgan had the right to do that even though the company operating agreement was that employees could be removed at any time by the person holding the controlling voting interest.
Travis Parham, the attorney representing Impact Ventures in opposing the injunction being issued, said the lawsuit was nothing but a scheme by Corgan to take over the company and force Carter out. He blamed the lawsuit for creating a creditor crisis and hurting TNA’s financial standing, however the creditor crisis and lawsuits filed predated Corgan’s lawsuit threat and filing.
He called TNA a valuable international brand and categorized Corgan as almost like a loan shark, saying his terms would make a loan shark blush.
Parham also argued that the transferring of control that Corgan was arguing for if the company was insolvent was illegal under Tennessee law even if Carter agreed to it.
He claimed that cash flow doesn’t prove TNA is insolvent because people are willing to pay money to buy the company. He also called the tax lien an accounting error and a non-issue.
Corgan claimed when he first put money in, on 6/10, he was given a senior secured promissory note. He was not aware when he did so that Carter had already given both Aroluxe and Anthem similar promissory notes regarding the debt they were owed. Corgan believed when he put money in that he would be first in line to collect when revenue was received, but found out he was third in line.
The office staff and talent, who didn’t get their paychecks on 10/15 and were told they would get them on 10/24, seems a mixed bag. The office staff, which is small, did get paid. As far as the talent, all we know is that as of 10/25, some if not all had not been paid. A lot of people under contract are openly either looking at what happens if TNA doesn’t run again, or worried because they don’t seem to have other options.
Corgan’s papers filed this week indicated that talent had not been paid for the October tapings.
“Impact Ventures also continues to not pay its talent, except now defendants are blaming me and the temporary restraining order in this case for lack of payment,” Corgan wrote.
He also claimed that management was unable to be paid as of 8/31, noting even Carter herself and Serg Salinas are now owed back pay.
There was also a document on 9/1, written by Broadhead which noted that checks to talent bounced and, “We owe talent money. We owe employees money, we (owe) many vendors money.” Documentation showed that they were unable to pay taxes on 9/8, which led to the current tax lien.
TLDR version? Dixie's a lying sack of shit who owes a lot of money to a lot of people and refuses to sell to one interested buyer (Billy Corgan) who's been working with the company for nearly a year and investing his own personal finances into it, all in the hope of a sale to WWE (which has been confirmed via the court case). Any time you wonder why WWE has a virtual monopoly on mainstream pro wrestling in the US? Blame Dixie Carter.
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Dembo wrote:
It just dawned on me that if there was a Christian equivalent of Cannibal Corpse, they could have the song title I Cum Forgiveness.
darkeningday wrote:
I haven't saw any of the Seen movies.