A £975m deal to transform the finances of English cricket risks facing further demands for revision over proposals including one allowing the sport’s governing body to cancel The Hundred tournament in seven years time.
Sky News has obtained a revised document sent this weekend by the England and Wales Cricket Board (ECB) to prospective investors in the eight Hundred franchises – who include some of the world’s most powerful technology company executives.
The document outlines a series of changes to the ECB’s original proposals, in an attempt to persuade the competition’s new shareholders – who have collectively agreed to stump up £520m for their team stakes – to sign binding contracts within weeks.
In recent weeks, the ECB has come under pressure from many of the investors to revise proposals relating to media and sponsorship rights, future expansion of The Hundred, and governance of the tournament.
The sale of the ECB’s 49% stakes in the eight Hundred teams, including Trent Rockets and Oval Invincibles, was hailed as a landmark moment for the sport, paving the way for a vast injection of cash into English cricket at county and grassroots level.
However, one senior cricket insider cast doubt on the ECB’s timetable for signing binding agreements, scheduled for 29 April, amid continuing dissatisfaction from some stakeholders.
Another sticking point for the investors may be the inclusion of a clause that the ECB has the right to unilaterally terminate the Hundred competition after seven years.
“What happens in year eight?”, said one on Sunday.
“These investors have agreed to pay hundreds of millions of pounds with no guarantee of terminal value.”
Among the new backers of The Hundred – which is broadcast by Sky Sports, which shares a parent company with Sky News – are the Chelsea FC co-owner Todd Boehly, the billionaire Indian Ambani family and a group of tech executives including the chief executives of Google and Microsoft.
According to the document, the existing Hundred committee will be scrapped by a new body, The Hundred Board (HB), on which the ECB would cede control and hold just a third of the overall voting rights.
The HB would consist of 20 members, with four from the ECB and two from each team – but with the ECB members each carrying double voting rights.
“The HB Agreement now protects teams from future changes, meaning [the] ECB can no longer unilaterally amend the decision-making and other powers of the HB.
“Instead, any variation to the HB Agreement will require approval from a majority of investor members of the HB, two-thirds of all members of the HB, and the ECB board,” the document said.
One of the ECB’s board members will become chair of the HB, according to the document, while the governing body will also appoint the Hundred’s managing director on a minimum five-year contract.
A source close to one of the new investors questioned that arrangement on Sunday, arguing that such an arrangement risked “embedding failure” in the event of unhappiness at the competition’s administration.
The document also sets out several matters, including UK media rights arrangements for the period after 2029, which would be subject to so-called “triple trigger voting” requiring an “affirmative vote from a majority of Investor Members of the HB, two-thirds of all members of the HB and the ECB board”.
Also included on the triple-trigger list are: changes to league expansion criteria; the distribution of league expansion proceeds to ECB and The Hundred stakeholders; Material increases in payments from The Hundred and its teams to hosts and the broader ECB county ecosystem; and changes to the HB Agreement, or changes to the Framework Agreement that materially adversely affect teams.
“For the 2029 [media rights] cycle, the default position is the UK media rights will be sold on a bundled basis, with a floor valuation of £51m per year for The Hundred,” the document said.
“For each subsequent cycle, the default shifts to an unbundled sale of rights between The Hundred and the ECB’s broader UK media right package.
“For the 2029 cycle, ECB will request that UK rights bidders provide an itemized pricing allocation for The Hundred and non-Hundred rights to provide transparency on value of The Hundred.”
Read more:
Starmer’s search for football watchdog chair goes into extra-time
Lecturers’ pension fund seeks new tune with £90m O2 arena bid
The ECB document said it would only permit expansion of The Hundred in 2029 or later, and that it could only admit teams which have a purpose-built permanent stadium that does not host another franchise.
A revenue formula to protect distribution to existing teams would also be established, while new teams would be required to demonstrate that “they unlock a new fan base and complementary ticket sales”.
According to the document, the ECB has “developed a revised set of termination events that protects the ECB and other teams in extreme scenarios, also providing further protection for teams for events outside of their control:
• ECB will not unilaterally terminate The Hundred for seven years
• The ECB Member Resolution termination event has been removed
• ECB has clarified that it will not terminate the competition based on a breach by one or a select few clubs
• Termination for force majeure has been extended to require disruption over two consecutive seasons of The Hundred
• ECB’s right to terminate for “financial reasons” has been clarified to only apply in scenarios where ECB is experiencing financial challenges due to cash losses generated by The Hundred.”
“In the unlikely event the ECB decides to end its involvement in The Hundred, the ECB is committed to providing teams with an opportunity to maintain the competition independently, including using reasonable endeavours to make players, venues and a suitable playing window available to the competition,” the document states.
The ECB said it would also commit to “not launch or sanction a competing professional league for a period of 4 years”.
The ECB has also revised a set of sponsorship and player appearance proposals as part of its revised agreement.
In an effort to ensure a swift resolution to the process, the ECB told investors that those who do not sign and complete their stake purchases simultaneously would forego their right to an additional dividend.
For all investors, the governing body would provide “a £1 liability cap on all Business Warranties (given on a knowledge qualified basis) and Tax Claims”.
“The ECB will provide fundamental warranties only and will provide no other indemnities or warranties.”
An ECB spokesman declined to comment on the document on Sunday, but pointed to comments made recently by Richard Gould, the governing body’s chief executive.
“We’re just trying to work out how to maximise value from sponsorships, tickets sales and broadcast revenues,” he said.
“They’re investing a lot of money into our game and we want to make sure that pays dividends.
“We’ve got brilliant supporters for our UK domestic market through Sky, but there are probably significant opportunities in the overseas broadcast market and that’s very much something that they’re focused on but there are differences in the markets.
“We need to make sure we’ve got something which is fit for purpose across the global markets, not just a UK market.”