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ProElite Inc. Sale Banner on Websites - Fighter Contracts Included

Proelitesale_medium

So after seeing this banner running on more than one site it looks like we can confirm that the sale includes the contracts of many of the bigger name fighters in the organization.  As many people have already been saying on this site and others, this is awful news for these fighters to be able to seek out gainful employment elsewhere.

When you click on this banner you are given the following information:

NOTICE OF PUBLIC SALE

Notice is hereby given that the Collateral (as defined below) will be sold by Showtime Networks Inc. ("Showtime") at a public sale on November 17, 2008 at 10:30 a.m. (Pacific Standard Time) at the offices of Hughes Hubbard & Reed LLP, 350 South Grand Avenue, Los Angeles, California 90071. The term "Collateral" means all of ProElite, Inc.'s ("ProElite"), Real Sport, Inc.'s ("Real Sport"), ProElite.com's ("ProElite.com"), EliteXC Live's ("EliteXC") and King of the Cage, Inc.'s ("KOTC"; each of ProElite, Real Sport, ProElite.com, EliteXC and KOTC, a "Debtor" and collectively, the "Debtors") right, title and interest in, to and under, whether now owned or hereafter acquired by such Debtor, all present and after acquired personal property of such Debtor, whether tangible or intangible, wherever located and of whatever nature. The Collateral includes all contracts between any Debtor and mixed martial arts fighters (including, but not limited to, Kevin Ferguson a.k.a. "Kimbo Slice", Gina Carano, Jake Shields, Robbie Lawler, Frank Shamrock, Antonio Silva, Brett Rogers, Dave Herman, Scott Smith, Nick Diaz, Cristiane Venancio Justino a.k.a. "Chris Cyborg", Eddie Alvarez, Yves Edwards and Wilson Reis) and all of each Debtor's video library, still photographs and home videos (e.g., DVDs and VHS tapes). The Collateral will be sold to the highest qualified bidder in public on November 17, 2008 at 10:30 a.m. (Pacific Standard Time) at the offices of Hughes Hubbard & Reed LLP, 350 South Grand Avenue, Los Angeles, California 90071. The Collateral will be sold on an "as-is, where-is" basis, without recourse, warranty or guarantee of any kind, express or implied, including as to title, possession, enforceability, validity, merchantability or fitness for a particular purpose. Interested bidders who would like further information regarding the Collateral to be sold should contact Kent Sevener at (212) 708-3259. Showtime reserves its right to adjourn or cancel the sale at any time.

What's more than just the delay of these fighters being able to look to find fights elsewhere there is also the matter of the potential legal battles were they to be bought up by promotions they have no interest in fighting for.  This is just a bizarre and unfortunate situation resulting from the demise of a promotion which seemed to specialize in the bizarre and unfortunate.

Update from Michael Rome:  This is more than just unfortunate for the fighters, it is tragic.  If they are unable to negotiate with the UFC to get deals before Affliction dies, they will be left with no bargaining power.  They are stuck in a terrible limbo at this point because there just aren't a lot of people out there looking to buy.

It's interesting to consider whether the UFC would consider buying any of these.  My guess is no since they will get them for less eventually, but some may be worth taking now instead of waiting 6 months for.  Plus, it would be the height of irony if they bought back contract rights to Frank Shamrock's fights.

 

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Oh man I would die from the irony if they buy back Frank Shamrocks contract

by drano on Nov 5, 2008 12:44 AM EST reply actions   0 recs

Are they just selling everything in one batch, or is each individual asset going to be a separate auction?

by Phildo on Nov 5, 2008 12:50 AM EST reply actions   0 recs

I'll likely give a call to them tomorrow to find out.

Contributing Editor - BloodyElbow.com - SBNation's mixed martial arts headquarters.

by Brent Brookhouse on Nov 5, 2008 12:58 AM EST up reply actions   0 recs

An odd thing...
he Collateral will be sold on an “as-is, where-is” basis, without recourse, warranty or guarantee of any kind, express or implied, including as to title, possession, enforceability, validity, merchantability or fitness for a particular purpose.

Nothing like bidding on something with no guarantee of enforceability or validity.

Contributing Editor - BloodyElbow.com - SBNation's mixed martial arts headquarters.

by Brent Brookhouse on Nov 5, 2008 12:59 AM EST reply actions   0 recs

that’s an interesting thing about the breach of contract letters filed by some fighters/agents.

If you’re calling tomorrow, see if you can get any info on that. Does selling the contract automatically rectify the breach that Lawler, Diaz, and the rest are claiming, or does whoever buys the contract just get to treat it like a fresh contract.

by Phildo on Nov 5, 2008 1:15 AM EST up reply actions   0 recs

It will most likely rectify it – in a way.

The breach of contract suit is most likely against the management of Pro Elite as a whole, and possibly individually as well but probably not. With that said, the contract will transfer over to a whole different person or company so a fighter would have to bring suit against them now to get out of the contract. I think. Also, there is the question of the validity of simply selling these contracts off. When these fighters contracted to Pro Elite, they signed up to work for that company. The never consented to be sold off at market like this so the legality of it stumps me.

by dropkick101 on Nov 5, 2008 7:30 AM EST up reply actions   0 recs

That says it right there. Those fighter contracts are worth shit. Take a guy like Robbie Lawler – he contracted with ProElite. He did not contract with Joe Six-pack who goes to the auction and buys Lawler’s contract. Any half decent lawyer will be able to get Lawler out of that contract right quick.

by dropkick101 on Nov 5, 2008 10:49 AM EST up reply actions   0 recs

Unless the contract was specifically written to be non-transferable then the fighters are probably screwed.

by who me on Nov 5, 2008 1:02 PM EST up reply actions   0 recs

I wouldn’t mind picking up a couple of those contracts. That would be interesting. I’d force Cung Le and Kimbo Slice to fight in my basement.

It’s possible that the management didn’t know they were going up for public auction. This often happens. I had a friend who was working for WaMu. They were busy coming up with a plan to save the company when the government negotiated a deal with JP Morgan behind their backs and sent them the memo that they were sold. I know that a bank is different, but sometimes communication isn’t always streamlined between managing partners and owning partners.

by Dooda on Nov 5, 2008 1:10 AM EST reply actions   0 recs

I’ll have to take Cung if they fight in your basement, but I may have to rethink things if the fight gets moved to your backyard for some reason.

by Phildo on Nov 5, 2008 1:18 AM EST up reply actions   0 recs

The most expensive streetfight you ever saw.

by zeroword on Nov 5, 2008 10:48 AM EST up reply actions   0 recs

Might as well put it on Ebay.

by nitro on Nov 5, 2008 1:19 AM EST reply actions   0 recs

ROFLMAO

I’d just love to see what sellers listings on eBay would look like for some of their fighters; c’mon, I know you folk out there are just dying to make some up! Kimbo Slice, Seth Petruzelli and Ken Shamrock are your starters for 10… :)

by VikingPhotography on Nov 5, 2008 8:06 AM EST up reply actions   0 recs

LOL at Cung Le vs Kimbo Slice...

I’d pay to watch that fight.

I bet Mark Cuban looks into buying all or part of the company if he can get it dirt cheap. He can put the fights on HDNet. You heard it here first.

by Akorn on Nov 5, 2008 2:22 AM EST reply actions   0 recs

Cuban will not buy.

http://mma4real.net/

by Tha Realness on Nov 5, 2008 8:08 AM EST reply actions   0 recs

It no one bids on the contract, they will most likely be considered void. The bankruptcy trustee would have no interest in the contracts anymore.

And who wants to buy a contract that would be a legal minefield with a fighter who may or may not cooperate.

by toxic on Nov 5, 2008 10:01 AM EST reply actions   0 recs

Please excuse my ignorance on this.

So is each contract/asset auctioned separately, or is it done as one big group?

http://eliotmarshall.com/

by BJJDenver on Nov 5, 2008 11:41 AM EST reply actions   0 recs

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