What happens when the GTAA can't pay back its debt?

I've half-considered going down to the Fulton County Clerk office and pulling records on Grant Field. $111 million of our debt is for the north deck. The bonds have to be filed as deeds of trust, right?
I don't know if the debt has any attached security interests in real estate. I'd be curious to know. And I highly doubt that Grant Field is owned by the GTAA, not that that would preclude GT granting a security interest if it wanted to.
 
I've half-considered going down to the Fulton County Clerk office and pulling records on Grant Field. $111 million of our debt is for the north deck. The bonds have to be filed as deeds of trust, right?
OK, so I decided to answer this question. At the moment we have two big bond issuances outstanding, one for $88,000,000 from January 2011, and another for $126,000,000 from February 2012. (Both of these include portions refinancing older debt, including the GOL-era debt expanding the north stands. Remember those days of attendance optimism!) I looked up the original offering statement for the Feb 2012 bonds. Here's a link for the curious. It quite plainly states that
The obligation of GTAA to make the payments required by the Loan Agreement is a general unsecured obligation of GTAA and is absolute and unconditional. The Series 2012 Bonds are not secured by any pledge, lien on or mortgage of any property, whether real or personal, of GTAA.
So there's no security of any kind for these bonds. And the statement it is also quite clear that no other organization, like GT itself, or the Foundation, or Dave Braine, is on the hook for these debts. That said, obviously there are all kinds of institutional reasons by GT would step in. But it's not legally required to, at least not by the bonds.
 
OK, so I decided to answer this question. At the moment we have two big bond issuances outstanding, one for $88,000,000 from January 2011, and another for $126,000,000 from February 2012. (Both of these include portions refinancing older debt, including the GOL-era debt expanding the north stands. Remember those days of attendance optimism!) I looked up the original offering statement for the Feb 2012 bonds. Here's a link for the curious. It quite plainly states that

So there's no security of any kind for these bonds. And the statement it is also quite clear that no other organization, like GT itself, or the Foundation, or Dave Braine, is on the hook for these debts. That said, obviously there are all kinds of institutional reasons by GT would step in. But it's not legally required to, at least not by the bonds.

Well hell...

I'm not sayin'...
 
OK, so I decided to answer this question. At the moment we have two big bond issuances outstanding, one for $88,000,000 from January 2011, and another for $126,000,000 from February 2012. (Both of these include portions refinancing older debt, including the GOL-era debt expanding the north stands. Remember those days of attendance optimism!) I looked up the original offering statement for the Feb 2012 bonds. Here's a link for the curious. It quite plainly states that

So there's no security of any kind for these bonds. And the statement it is also quite clear that no other organization, like GT itself, or the Foundation, or Dave Braine, is on the hook for these debts. That said, obviously there are all kinds of institutional reasons by GT would step in. But it's not legally required to, at least not by the bonds.

Hey it didn't look from your notes that TStan touched on this in the thing you attended. Did he not mention it?
 
Hey it didn't look from your notes that TStan touched on this in the thing you attended. Did he not mention it?
He did, actually. He said nobody is happy about those debt obligations, but he didn't think we should regret any of the capital expenditures. Would he rather have McCamish or the debt load? The former all day. The bottom line is that facilities are super important to everyone: from coaches to recruits to the general public. (Of course, he might prefer to give up the empty North Stands to reduce the debt load but nobody asked that hypothetical!)
 
OK, so I decided to answer this question. At the moment we have two big bond issuances outstanding, one for $88,000,000 from January 2011, and another for $126,000,000 from February 2012. (Both of these include portions refinancing older debt, including the GOL-era debt expanding the north stands. Remember those days of attendance optimism!) I looked up the original offering statement for the Feb 2012 bonds. Here's a link for the curious. It quite plainly states that

So there's no security of any kind for these bonds. And the statement it is also quite clear that no other organization, like GT itself, or the Foundation, or Dave Braine, is on the hook for these debts. That said, obviously there are all kinds of institutional reasons by GT would step in. But it's not legally required to, at least not by the bonds.

I'm reading through the document. GT does own the land and all facilities. GTAA pays a nominal lease for Grant Field and other facilities, through 2041.

GTAA is also a separate corporation, where the President is the Chair, but technically just 1 of 16 members/directors. The VP of Finance is also on the Board. There are 8 faculty members, 4 alumni and 3 students (1 athlete, undergrad president and grad president). This is all window dressing, but hell I find it interesting that these board members could theoretically rebel.

The rights of creditors also seem extremely impaired with an insolvent nonprofit. There are far less rights than creditors of for-profit corporation. They cannot compel an involuntary bankruptcy, for one thing. Unsecured creditors seem to only have reputational damage as recourse against a nonprofit.
 
I'm reading through the document. GT does own the land and all facilities. GTAA pays a nominal lease for Grant Field and other facilities, through 2041.

GTAA is also a separate corporation, where the President is the Chair, but technically just 1 of 16 members/directors. The VP of Finance is also on the Board. There are 8 faculty members, 4 alumni and 3 students (1 athlete, undergrad president and grad president). This is all window dressing, but hell I find it interesting that these board members could theoretically rebel.

The rights of creditors also seem extremely impaired with an insolvent nonprofit. There are far less rights than creditors of for-profit corporation. They cannot compel an involuntary bankruptcy, for one thing. Unsecured creditors seem to only have reputational damage as recourse against a nonprofit.

Maybe we should just form the Georgia Tech Association for Athletics (GTAA) and start from scratch...
 
So there's no security of any kind for these bonds. And the statement it is also quite clear that no other organization, like GT itself, or the Foundation, or Dave Braine, is on the hook for these debts. That said, obviously there are all kinds of institutional reasons by GT would step in. But it's not legally required to, at least not by the bonds.

General issue bonds are junior to secured bonds, but still result in a claim on assets.

I've always wondered why GT doesn't spin the AA off as a corporation and issue equity instead of debt. Leave the Institute with 50% + 1 share then sell the rest to fans. Like the Packers, the novelty of owning the team will make it worth more than intrinsic value of the share. Then pass a bylaw that requires the team to reinvest 100% of profits.

Issue 1 MM shares at $200/share to pay off debt. Make # of shares owned a criteria to get better seats and set a threshold for rewards, e.g. those with 100+ shares get to attend special presentations from coaches, those with 1000+ shares get to be on the field for games, etc.

In corporate finance literature, the primary reason for issuing debt is that the payments limit the free cash flow of management. That's not what we want for GT.

Edit:
GTAA is also a separate corporation, where the President is the Chair, but technically just 1 of 16 members/directors. The VP of Finance is also on the Board. There are 8 faculty members, 4 alumni and 3 students (1 athlete, undergrad president and grad president). This is all window dressing, but hell I find it interesting that these board members could theoretically rebel.

That makes it easy to start issuing equity.
 
I've always wondered why GT doesn't spin the AA off as a corporation and issue equity instead of debt.

AA is owned by GT which is a state entity. Can't issue equity in a Gov institution (FNMA excepted since it was charted that way). Besides, equity = voting rights and dividends and representation, etc. which aren't really appropriate concepts.
 
General issue bonds are junior to secured bonds, but still result in a claim on assets.
Not just junior to secured bonds, but to any secured creditors (so to their security). And as the former chairman of the unsecured creditors committee in a thank-you-Lehman-Brothers bankruptcy estate, I can promise you that being an unsecured creditor is worth a whole lot less than being a secured one. This doesn't just affect your relationship to other creditors (though I agree that's the primary distinction), it also affects how the court treats your claims and your relationship to other stakeholders.
I've always wondered why GT doesn't spin the AA off as a corporation and issue equity instead of debt. Leave the Institute with 50% + 1 share then sell the rest to fans. Like the Packers, the novelty of owning the team will make it worth more than intrinsic value of the share. Then pass a bylaw that requires the team to reinvest 100% of profits.

Issue 1 MM shares at $200/share to pay off debt. Make # of shares owned a criteria to get better seats and set a threshold for rewards, e.g. those with 100+ shares get to attend special presentations from coaches, those with 1000+ shares get to be on the field for games, etc.

In corporate finance literature, the primary reason for issuing debt is that the payments limit the free cash flow of management. That's not what we want for GT.
GT did spin off the GTAA as a corporation... in 1934. The distinction you're overlooking is the difference between a for-profit corporation and a not-for-profit corporation. The GTAA is a non-profit corporation. If the GTAA had profit rather than the promotion of student athletics as its purpose, it would have vast and far-reaching effects on many aspects of its operations. Not only would its profits be taxable (and do not assume that the IRS would accept all the GTAA's regular expenses as offsets to its income), but no donor could give money tax-free anymore. You don't get a tax break for investing in a corporation, so that would immediately devalue by 30-35% every capital campaign. Just imagine having to raise an extra 30% in order to build McCamish...
 
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Create a for-profit corporation. Reinvest all earnings back into the business. The value of equity increases because of NPV positive investments.

If GTAA loses 501(c)(3) status in the process, you create a foundation under the corporation which does qualify as a charity. Donors provide to that entity, which funds activities such as scholarships.
 
Aren’t most of the tax benefits for giving to the GTAA going away this year regardless?
 
Create a for-profit corporation. Reinvest all earnings back into the business. The value of equity increases because of NPV positive investments.

If GTAA loses 501(c)(3) status in the process, you create a foundation under the corporation which does qualify as a charity. Donors provide to that entity, which funds activities such as scholarships.
I'm sorry but this make no sense. The GTAA already 'reinvests all earnings' back into the business. The equity never has any 'intrinsic value' if capital and profit cannot be returned to the owner. The earnings would be taxable where they wouldn't be otherwise. The GTAA already allocates seats and other benefits according to the amount you 'invest.' Would be really hard to maintain amateur status if you abandon any pretense of charitable purpose. Heavens knows the GTAA needs all the creative thinking it can get, but this one's a swing and a miss.
 
I'm sorry but this make no sense. The GTAA already 'reinvests all earnings' back into the business. The equity never has any 'intrinsic value' if capital and profit cannot be returned to the owner.
Plenty of corporations do not issue dividends. The NPV of future cash flows still have value and inflate the stock price. Owners gain value from stock price increasing because, eventually, the corporation has to issue dividends or perform a buyback.
 
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