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RIP Ozzie Silna, co-owner of the Spirits of St Louis (1 Viewer)

elbowrm

Footballguy
One of the greatest stories in sports history.  There's a good 30 for 30 about these guys, called "Free Spirits". 

The Proskauer lawyer for NBA on the original deal?  David Stern

http://espn.go.com/nba/story/_/id/15416970/ozzie-silna-former-aba-owner-earned-millions-nba-dies-83


Famed ABA owner Ozzie Silna dies at 83; made vast fortune off NBA

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1:16 AM ET


  • ESPN.com news services


Multimillionaire Ozzie Silna, one of the architects of arguably the best sports deal ever negotiated 40 years ago during his co-ownership of a struggling American Basketball Association team, has died. He was 83.

His family said he passed away on Tuesday in Los Angeles after a battle with cancer.

Silna and his brother, Dan, were the former owners of an old ABA franchise known as the Spirits of St. Louis. When the ABA merged with the NBA after the 1975-76 season, the Silnas agreed to dissolve their team in exchange for a small percentage of the NBA's future broadcast revenue.

At the time, it seemed like an irrelevant concession by the league. But it became a legendary coup and financial windfall for the Silnas. They negotiated to receive one-seventh of a share of the annual television revenues for as long as the NBA was around for the four of six remaining ABA teams that were absorbed: the Denver NuggetsIndiana Pacers, New Jersey Nets and San Antonio Spurs. The Spirits and Kentucky Colonels were not accepted into the league.

Colonels owner John Y. Brown received a $3 million payoff from the remaining ABA teams.

The brothers weren't willing to go away that easily.

"Logic was that you take six of the seven A.B.A. teams and make the N.B.A. a 24-team league," Daniel Silna told The New York Times on Tuesday. "It would make scheduling easier. So Ozzie said, 'Look, if one of the seven does not get taken into the league, they're still our partners, so we should give them one-seventh of our TV revenues going forward.' "

Ozzie Silna, who died Tuesday at the age of 83, negotiated an infamous deal 40 years ago this summer that cumulatively netted him and his brother about $750 million in television-rights revenues from the NBA without even owning a team in the league. AP Photo/Damian Dovarganes
The Times calculates that the brothers collected about $750 million since the merger, an amount that has consistently grown mightily through investments. This includes $500 million the brothers received in 2014 as part of a deal the NBA and the four teams reached to minimize future financial exposure ahead of the nine-year, $24 billion TV deal announced later that year by investing in the Spirits' entity in exchange for an accelerated up-front payment.

The agreement resulted in the Silnas dropping a lawsuit they filed in federal district court against the league and the teams in hopes of collecting on new revenue streams, like NBA League Pass and foreign TV deals, which obviously were not envisioned in the original agreement.

NBA commissioner Adam Silver released a statement later Tuesday.

"We were deeply saddened to learn that former ABA team owner Ozzie Silna has passed away," Silver said. "Ozzie and his brother Dan owned the St. Louis Spirits at a time when the ABA's future was uncertain, but he loved the game and was determined to be part of professional basketball. We send our heartfelt condolences to Dan and the entire Silna family."

While he didn't believe he pulled off the greatest deal in the history of American sports, Ozzie Silna did concede in 2006 to knowing that back in the '70s, the NBA's TV deal was vastly undervalued.

"We saw some room for growth there," he said. "We had no idea it would grow this much."

Information from ESPN's Darren Rovell, Chris Broussard and The Associated Press was used in this report.


 
RIP also. Also would like to chime in and say that it's a great 30 for 30. Didn't they convince the league into giving them television rights in perpetuity somehow. 

So awesome.  

 
RIP also. Also would like to chime in and say that it's a great 30 for 30. Didn't they convince the league into giving them television rights in perpetuity somehow. 

So awesome.  
There were seven ABA franchises left when it was time to finalize the merger.  The NBA only wanted to add four teams, and they picked the Nets, Nuggets, Pacers, and Spurs.  

The Kentucky Colonels took a lump sum buyout to fold ($3.3MM) and the owner used the money to buy the Buffalo Braves (now the LA Clippers).  

The Virginia Squires went bankrupt, couldn't pay money it owed the ABA, and folded without any negotiation or consideration from the NBA.  

The Spirits Of St. Louis accepted a deal to fold similar to Kentucky's, except instead of taking a lump sum payment, agreed to take 1/7 of the national TV rights share of the Nets, Nuggets, Pacers, and Spurs in perpetuity.  The Spirits have estimated to have collected around $250MM in TV money since the merger, plus a $500MM lump sum payment before the newest TV contract was negotiated in exchange for a smaller piece of the TV pie going forward (and to settle a dispute over whether the Spirits owned a piece of new media revenue like streaming content and such). 

So yeah, the Spirits have taken in about $750MM since folding the franchise 40 years ago.

 
There were seven ABA franchises left when it was time to finalize the merger.  The NBA only wanted to add four teams, and they picked the Nets, Nuggets, Pacers, and Spurs.  

The Kentucky Colonels took a lump sum buyout to fold ($3.3MM) and the owner used the money to buy the Buffalo Braves (now the LA Clippers).  

The Virginia Squires went bankrupt, couldn't pay money it owed the ABA, and folded without any negotiation or consideration from the NBA.  

The Spirits Of St. Louis accepted a deal to fold similar to Kentucky's, except instead of taking a lump sum payment, agreed to take 1/7 of the national TV rights share of the Nets, Nuggets, Pacers, and Spurs in perpetuity.  The Spirits have estimated to have collected around $250MM in TV money since the merger, plus a $500MM lump sum payment before the newest TV contract was negotiated in exchange for a smaller piece of the TV pie going forward (and to settle a dispute over whether the Spirits owned a piece of new media revenue like streaming content and such). 

So yeah, the Spirits have taken in about $750MM since folding the franchise 40 years ago.
Oh man, I never knew the story was that they only got four teams'  revenues. That means the league revenues are staggering, which is of course known, but comes home to roost when looking at those numbers. 1/7th? 

 
They also built in:

1) the contract specified "visual broadcast media" instead of "television" revenues.  They anticipated other methods of content delivery.

2) they capped the size of the league at 28 teams in the calculation, guarding against dilution.

the contract has been challenged a million times, and stood every time.  True legal genius.

 
The Virginia Squires went bankrupt, couldn't pay money it owed the ABA, and folded without any negotiation or consideration from the NBA.
Can you imagine what it must be like for the former owners of the Virginia Squires? All they had to do was hold on for a few more months and pay off a few bills, and they would have made $750 MILLION DOLLARS!

 
They also built in:

1) the contract specified "visual broadcast media" instead of "television" revenues.  They anticipated other methods of content delivery.

2) they capped the size of the league at 28 teams in the calculation, guarding against dilution.

the contract has been challenged a million times, and stood every time.  True legal genius.
Wow.  Genius, indeed.

Part of that $500MM was a settlement over the definition of "visual broadcast media".  The Spirits definitely saw cable TV coming, but online revenues were disputed for sure.

Hadn't heard about the 28 cap, but I have no doubt that's in there.  A group with the foresight to use "perpetuity" as the time clock would think to count the number of potential NBA cities.

 
Can you imagine what it must be like for the former owners of the Virginia Squires? All they had to do was hold on for a few more months and pay off a few bills, and they would have made $750 MILLION DOLLARS!
Who knows if they would have had the foresight to negotiate a Spirits-esque deal, but they would have been in line for a Colonels-style buyout of a few million in 1976 dollars.  

And yeah, they didn't miss by much.  IIRC they finished the regular season (a couple teams folded midseason, unable to make payroll and such and had to stop playing).  The Squires were last among team who played a full schedule and missed the playoffs. They went bankrupt during the postseason and dissolved before the final negotiating table.  

It was so close, The Spirits arrived that their 1/7 calculation based on the ABA having seven franchises even though there were technically only six.

 
rockaction said:
Oh man, I never knew the story was that they only got four teams'  revenues. That means the league revenues are staggering, which is of course known, but comes home to roost when looking at those numbers. 1/7th? 
The other side of that is the fact that the 4 legacy ABA teams also only got 6/7 of the TV money they were otherwise due - so each time one of them changed hands it would lead to another round of lawyers trying to challenge the contract, and another failed negotiation with the Spirits.  The Silnas awarded their lawyer a percentage of the team for his work, by the way.

 
The other side of that is the fact that the 4 legacy ABA teams also only got 6/7 of the TV money they were otherwise due - so each time one of them changed hands it would lead to another round of lawyers trying to challenge the contract, and another failed negotiation with the Spirits.  The Silnas awarded their lawyer a percentage of the team for his work, by the way.
Get 'em on contingency. 

 
"NBA commissioner Adam Silver released a statement later Tuesday.

"We were deeply saddened to learn that former ABA team owner Ozzie Silna has passed away," Silver said. "Ozzie and his brother Dan owned the St. Louis Spirits at a time when the ABA's future was uncertain,"


The intention of creating the ABA was to merge with the NBA, although they probably hoped more teams would survive. "Player trades" were orchestrated in the ABA to move star players to their "home region" to increase ticket sales. Merger negotiations started in 1970 and the NBA was very open to it, so the future was pretty certain all along. The players didn't want to see the merger because they could leverage each league against the other in salary negotiations. There is a book "Loose Balls" about the ABA for those interested. Although it was the NBA league office that was run very shabbily.
 
If you want to find a modern comparison, keep an eye on the MLS. They are handing out some good deals, and betting on the MLS to become massive seems like a decent bet

Beckham's deal will as a washed up footballer might be worth billions.
 

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