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Published 22:35 7 Feb 2017 GMT
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“I think there was a discussion, as I recall, because I think we took formal legal advice which confirmed what we kind of knew to be true anyway: that the value, the difference in the value – this would be standard in any merger and acquisition position,” he continued. “Nothing unique to this transaction. But the loss of value to NESV which we would be sued for, for reneging on the contract, would mean the net value of the increase in the new sale would – less the amount of money we would have to pay to NESV for breaking it, was negative. “My considerations were: (1) it was the higher bid. Not by a huge amount, but it was the higher bid. So, I think you start with the premise that, all other things being equal, you go for the higher bid. (2) was that they had a track record. And so their credibility as a long-term owner of a sports business was stronger than Meriton's. “So, if Meriton had been slightly ahead on value, that would have put us in a more complicated position, because you would start with the higher one and then see whether there's any reason why you should actually reject the higher one for the lower one. But in this case, actually, that secondary piece reinforced the case. “Third was that it was pretty evident to me at this stage that this would end up in court, likely as not in an American court; and that NESV were far more experienced in American courts than Meriton, and were therefore more likely to understand what they were letting themselves in for, in terms of future court action. Fourthly, that RBS supported the NESV bid.”

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