>
>  By Phil Hay
> Published on *Saturday 25 August 2012 08:00*
>
>  The laborious takeover of Leeds United spawned a supporter-led protest on
> Thursday, under the banner #Pen4Ken.
>
>  The campaign is derived from Ten4Ken, a short-lived movement which in
> 2010 sought answers to 10 questions about the club’s policies and ownership
> structure. It consists of nothing more militant or aggressive than posting
> pens to Ken Bates care of 
> Leeds<http://www.yorkshireeveningpost.co.uk/sport/leeds-united/latest-whites-news/leeds-united-takeover-patience-starting-to-run-out-hay-1-4866903#>
>  United
> and Elland Road.
>
> All scepticism about strategy and impact aside, the sentiment of #Pen4Ken
> is genuinely conceived. This takeover needs signing off and patience is
> wearing thin. There is rising clamour for Bates, United’s chairman and
> majority shareholder, to put his name to a deal which passes the club to
> new owners. The generous public are making sure he has something to write
> with.
>
> If the demand for completion – or if not that, some clarity beyond the
> meaningless insistence that “talks are on-going” – strikes you as premature
> then consider the following: 88 days have passed since 
> Leeds<http://www.yorkshireeveningpost.co.uk/sport/leeds-united/latest-whites-news/leeds-united-takeover-patience-starting-to-run-out-hay-1-4866903#>stated
> on May 29 that they were talking to investors with serious intent. Exactly
> 60 have passed since the club entered into an exclusivity period with a
> group of buyers from the Middle East, allowing them to pick through the
> financial details of United’s accounts. Solicitors who specialise in
> corporate law find the timeline surprising and unusually long.
>
> A week ago, two members of the management team at Dubai-based private
> equity firm GFH Capital Limited attended United’s game against Wolves. GFH
> Capital Limited are widely believed to be the go-between in this sale – the
> firm acting as brokers on behalf of the buyers – and their public
> appearance at Elland Road was no bad sign. But in the days that followed
> the silence has been almost total. Even whispers of back-and-forward
> negotiations began to dry up.
>
> A lawyer contacted by the YEP yesterday, someone who has dealt with
> takeovers at other English clubs, said the duration of a typical sale was
> rarely more than “a couple of months.” Occasionally they are completed in a
> matter of days, like the purchase of Leeds by Bates and the Forward Sports
> Fund from Gerald Krasner’s board in 2005 but due diligence sees to it that
> most buy-outs take longer. Few which ultimately end in a deal are as
> drawn-out as the latest attempt to acquire control at Elland Road.
>
> So the view of those who know the landscape is that this deal has strayed
> into the realms of the ridiculous and was heading that way for several
> weeks, not helped by the confidentiality agreement which smothers the full
> story. Bates said last week that in the absence of official comment,
> “rumours abound” and “pub speculation” runs wild. He is not wrong. The very
> reason why #Pen4Ken began consuming Twitter was because credence has been
> given to the idea that a signature from him is all that stands between
> Leeds and investment from the Middle East.
>
> Certain legal sources believe that suggestion is not so far from the
> truth. The talk in the past few weeks has been about disagreements over an
> indemnity clause – the protection given to a buyer in the event that
> liabilities appear after a sale is complete – and arguments over cash paid
> to the club by the Middle Eastern consortium during the summer. One contact
> on the seller’s side claimed scheduled payments owed to Leeds had been
> missed. Another connected to the buyers said they were unwilling to release
> any more money until final agreement on the transfer of Bates 72.85 per
> cent stake was reached. And so it continues with no official confirmation
> either way.
>
> The YEP contacted Leeds and GFH Capital Limited after Saturday’s game
> against Wolves in an attempt to discuss the appearance of GFH executives
> Salem Patel and David Patel at Elland Road and clarify several rumours
> concerning the sale of United. Predictably there was no response. Both
> sides have stuck fast to their confidentiality clause and for many weeks
> there was no argument with that. People craved news and looked for
> developments but appreciated the complex nature of a takeover. In the past
> month, the commitment to confidentiality has felt more like a useful
> defence against valid questions, masking a confusing situation.
>
> The only certainty almost 90 days on is that the takeover is not dead.
> Warnock stated as much on Thursday and it is plain from his recent comments
> in the press that he is not in the mood to deceive anyone, least of all the
> club’s supporters. It is safe to assume that he wants this buy-out agreed,
> for the good of himself and his team. It is hard to imagine the scale of
> frustration in fearing the August transfer deadline will pass without any
> more signings.
>
> That, above all else, is a reason why Bates should understand the wall of
> noise telling him to hand the baton on. It is reckless for anyone to
> endorse this bid from the Middle East without any firm details about who
> the bidders are, how much money they have, how much they plan to invest and
> what their long-term strategy will be but the lack of information does not
> alter the debate about where Leeds are heading without serious investment.
>
> The message from Warnock at his press conference on Thursday was that he
> has nothing left in the way of funds and no expectation of any coming his
> way without a takeover. Even his mention of the emergency loan window was
> tempered by the admission that any signings from that particular market
> would be dependent on finances. That is not only a warning for the fate of
> this season but a warning for future seasons too. It gives the impression
> of a regime that has run out of steam – a regime who should be pleased that
> an offer to buy the club arrived when it did.
>
> Back when takeover fever first took hold of Leeds, it was convenient to
> think that their meagre transfer fund was an inevitable feature of a
> business about to change hands. It appears now that Leeds simply had no
> money to give Warnock. The well is dry again and their manager is helpless.
> When he enquired speculatively about a player on Wednesday, he was blown
> out the water by an offer from another Championship club.
>
> Bates cannot or should not be oblivious to this. He cannot hear a manager
> like Warnock claim that his existing squad have “not a cat in hell’s
> chance” of seeing through a full Championship season and fail to see the
> problem. Supporters and journalists who offer that view are easy to ignore
> but not a 63-year-old with seven promotions behind him. The air smells of
> stagnation.
>
> Sixty days ago, when United announced that due diligence was underway,
> they said in black and white that the buyers in question “have the
> financial resources to support the club and will have no issues in
> satisfying the requirements of the Football League’s Owners and Directors
> Test, unlike many of the previous approaches we have had to endure.” It was
> a fundamental admission, accepting the consortium as fit, financed and
> responsible purchasers. If that is so then this deal should be ratified
> without delay, in the best interests of Leeds 
> United<http://www.yorkshireeveningpost.co.uk/sport/leeds-united/latest-whites-news/leeds-united-takeover-patience-starting-to-run-out-hay-1-4866903#>.
> Those interests are not being served by the bizarre status quo.
>
Dr Michael Benjamin,
Community Psychiatrist
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