F
FidoBoise State is alleging breach of contract of its re-entry agreement with the MWC.
Its all a good read--but this part is just crazy:
Contrary to Mr. Thompson's recognition of Boise State's pivotal role in the MWC
securing the more lucrative CBS/Fox agreement and his statement that Mr. Jordan would
emphasize this role at the Board of Directors meeting in order to address Boise State's reasonable
demand for receipt of a proportionate share of that increased revenue, neither Mr. Jordan nor Mr.
Thompson did any such thing. Instead, at the Board of Directors meeting, Mr. Jordan and Mr.
Thompson presented eight alternatives, none of which addressed an increase in the bonus to be
paid to Boise State. Instead, all eight alternatives addressed different methods for phasing out and
ultimately ending the already agreed to $ 1.8 million bonus to Boise State and entering into uniform
agreements with all member institutions under which every member institution, regardless of their
contribution to the television revenue, received equal distributions. Thus, contrary to Mr.
Thompson's assurances and representations that Boise State should receive its original bonus plus
a proportionate share of the increased revenue generated by the new CBS/fox agreement and that
such a bonus structure would be discussed with the MWC's Board of Directors, the MWC offered
only alternatives to decrease and end any bonus to Boise State.
...
33. Prior to voting on whether to accept or reject the CBS/Fox agreement, the MWC
provided Boise State with only minimal information as to the basic proposed terms of the
agreement. It did not, however, disclose many of the proposed agreement's material terms,
including material monetary terms, such as how the revenue from the agreement would be
distributed, how bonuses would be paid or the agreement's cancellation terms. Essentially, the
MWC refused to provide Boise State with vital information on the proposed agreement's material
terms, and thereby deprived Boise State of a meaningful opportunity to evaluate whether the
agreement was acceptable or not.
...
34. Because it lacked the required information on the CBS/Fox agreement's material
terms and because the MWC, based on the alternatives it presented during the Board of Directors
meeting, was not only trying to renege on its contractual obligation to pay Boise State the $1.8
million bonus, but also to deprive it of any proportionate share of the increased revenue generated
by the CBS/Fox agreement even though Boise State was admittedly the driving force behind that
agreement, Boise State (l) did not vote to approve or accept the CBS/Fox agreement; and (2)
opposed the termination of the Re-Entry Agreement Amendment's $1.8 million bonus.
...
37 . Upon information and belief, the MWC, its Commissioner, and individual directors
other than Dr. Tromp, agreed and conspired to negotiate terms of the CBS/Fox agreement, failed
to obtain Boise State's consent and, to its detriment, voted (1) in favor of the agreement, and (2)
in favor of terminating the Re-Entry Agreement Amendment's $1.8 million bonus, thereby
violating the MWC's contractual obligations to Boise State. ln fact, two directors voted against
any additional distribution to Boise State in the second vote, even for the six years of the CBS/fox
agreement.