RE: Court case not obviously wrong21 May 2022 23:35
@Andy, good evening.
The idea that Cineplex is actually entitled to $1.23bn is a complete fantasy. This is why despite Cineplex being awarded an amount that was 2x the amount of their mcap, their sp barely made a move.
You say that the synergies calculation is fair, well congrats because you and Judge Barbara are the first amongst a global population of over 7 billion to think that. There has never been any such ruling with this kind of synergies calculation from my understanding.
You are indeed correct that the outbreak is not a valid reason to exit the agreement because it was excluded, but that doesn’t mean Cineplex gets a ‘Get Out of Jail Free’ card. If Cineplex acted perfectly well during the entire time, then yes, I would say that they were entitled to that amount CONDITIONAL UPON no wrongdoing at all from them. But that was not the case, we saw the Queensway acquisition which was a breach of the agreement in my opinion. Further, Cineplex failed to act in line with normal operations. This wasn’t small either, they were doing the precise opposite of everyone else. Therefore, if Cineplex is entitled to the whole $1.23bn sum, then that means CINE is also entitled to something as well. If Cineplex would like $1.23bn for these so-called ‘lost synergies’, then how about we get an award for the hundreds of millions of extra interest expense we incurred as a result of taking out extra debt to fund the acquisition? I also must say that because the money for the acquisition was ringfenced, this meant CINE needed to take out further cash in order to fund their own business, so the interest from that should also be added, hence I think it is in the hundreds of millions.
This is a black and white matter in my opinion, yes CINE may have not acted completely in line with the agreement, but neither did Cineplex. Both have committed wrongdoing, and consequently this should be nil-nil. At worst, CINE should pay the breakage fee in the agreement and everyone goes their own way.