hayesdvc
DIS Veteran
- Joined
- Nov 23, 2015
- Messages
- 1,514
Do not assume Disney is having any kind of change of heart by going back to granfathering contracts it received for ROFR before April 4. Though I was not there I can image the situation: numerous complaints were made by brokers and others, but Potrock is steadfast in holding the line. Then someone in the room suggested he call the lawyers. He calls the lawyers and one of them with a brain says, "Look Ken, once you received the contract for ROFR, DVD was required to make a decison as to exercise it or not based only on the contract and its terms that were submitted. Then the announcement is made for the incidental benefits change. That change could be construed by a court to be an improper attempt by Disney to add a term to the contract after it was submitted for ROFR that did not exist when it was received for ROFR. You could be walking into a hornet's nest of lawsuits directly against Disney for wrongful exercise or wrongful refusal to execise ROFR based on that term DVD added to the contract, possibly brought in the same lawsuits where the buyer is trying to void the contract with the seller for mutual mistake. And once in those lawsuits you are going to get a document request that you won't be able to avoid requiring you to produce every internal document, email, voicemail, and text messages the company has which relates in any way to the change being made, all of which documents, after being produced, will be publically available to the world." And of course Ken finally comes to his senses and reverses on the already submitted contract issue, but he won't go an inch further than that.
I enjoyed reading your thoughts. I would have assumed all the "leglaize" had been signed, sealed , and delivered prior to the announcement. I would have assumed that lawyers would have written the original letter. To this point, the outcome leads me to think otherwise. Legally "ambiguity" always sides to the group NOT writing the letter/contract.
Last edited: