Team American Magic

Sailbydate

Super Anarchist
12,723
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Kohimarama
Let’s wait for an even bigger over-production at AC.com :)

What hull numbers are AM getting, AC40-5 and -6?
Great to see them happy about getting their hands on the OD three-foil rocket ship, at least I guess. Be real funny if the AC40 turns out to be a more compelling competition than The Cup itself. That would be something of a shot in the foot, eh? ;-)
 

The_Alchemist

Super Anarchist
3,373
1,886
USA
Let’s wait for an even bigger over-production at AC.com :)

What hull numbers are AM getting, AC40-6 and -7?
They should be 7 and 8. And it looks like the AC40 build rate is going just as we predicted. We estimated the 7th boat would be completed on Feb 2nd, give a couple weeks to deliver and that is about right. They should be getting their second boat in about 4-6 weeks.

And since AM was scheduled to get the last two boats, that means that Alinghi has had their two boats for awhile and LR has their AC40.
 
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Stingray~

Super Anarchist
15,506
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PNW
They should be 7 and 8. And it looks like the AC40 build rate is going just as we predicted. We estimated the 7th boat would be completed on Feb 2nd, give a couple weeks to deliver and that is about right. They should be getting their second boat in about 4-6 weeks.

And since AM was scheduled to get the last two boats, that means that Alinghi has had their two boats for awhile and LR has their AC40.
The single AC40 ordered by Ineos was hull 2, and the single one ordered by LR is/was hull 6?
 
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The_Alchemist

Super Anarchist
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1,886
USA
The single AC40 ordered by Ineos was hull 2, and the single one ordered by LR is/was hull 6?
Just going by the original list posted by Chobani Sailor back in the AC40 thread:

1677285642678.jpeg
 

jaysper

Super Anarchist
10,438
1,429
Wellington
I think the protocol states that need to stick with these boats for another cycle, or was that the last cup for this cycle?
There certainly was talk of that after the last cup, although I never confirmed whether they actually did it.
It was this that made me abandon ETNZ and switch support to Prada.
 

Sailbydate

Super Anarchist
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Kohimarama
There certainly was talk of that after the last cup, although I never confirmed whether they actually did it.
It was this that made me abandon ETNZ and switch support to Prada.
Small transgression, Jays. Not enough to end a beautiful relationship, surely? How's it going in Wellywood?
 

Gissie

Super Anarchist
7,293
2,115
There certainly was talk of that after the last cup, although I never confirmed whether they actually did it.
It was this that made me abandon ETNZ and switch support to Prada.
They did do it, 30 mill buyout clause. Was also a big part of my change of allegiance, also to Prada.
 

The_Alchemist

Super Anarchist
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1,886
USA
My recollection of earlier discussions:

Many think the clause will not stop the winner from changing boats anyway. The winner gets to decide the boat and rules according to the DOG. The “buyout” clause is also ridiculous because the NY courts only allow the recovery of actual loses and not punitive fees. NZ will have a difficult time proving they will actually loose 30 million, especially since they may not exist if they loose.
 

sunseeker

Super Anarchist
4,210
1,081
My recollection of earlier discussions:

Many think the clause will not stop the winner from changing boats anyway. The winner gets to decide the boat and rules according to the DOG. The “buyout” clause is also ridiculous because the NY courts only allow the recovery of actual loses and not punitive fees. NZ will have a difficult time proving they will actually loose 30 million, especially since they may not exist if they loose.
NZL’s record in NYS Supreme Court isn’t exactly stellar.
 

porthos

Super Anarchist
1,123
485
Michigan, USA
My recollection of earlier discussions:

Many think the clause will not stop the winner from changing boats anyway. The winner gets to decide the boat and rules according to the DOG. The “buyout” clause is also ridiculous because the NY courts only allow the recovery of actual loses and not punitive fees. NZ will have a difficult time proving they will actually loose 30 million, especially since they may not exist if they loose.
I am one of those people. A protocol cannot override the Deed, and the Deed allows the winning team to accept the next challenge and determine the terms of the match regardless of what a prior protocol may say. Now, the protocol is also a contract and TNZ could still seek to enforce the "buyout" clause, which in the legal world is referred to as a "liquidated damages" clause. TNZ is not limited only to actual damages. Rather, the liquidated damages clause, to be enforceable (and not deemed an unenforceable penalty), must bear a reasonable relationship to TNZ's probable damages (understanding that such damages may be difficult to calculate with any real certainty).

A campaign that can cost a team $150 million for just one cycle, together with investments and expenses based on a promise to use the same boats for two cycles, could easily justify a liquidated damages amount of $30,000,000.
 

The_Alchemist

Super Anarchist
3,373
1,886
USA
I am one of those people. A protocol cannot override the Deed, and the Deed allows the winning team to accept the next challenge and determine the terms of the match regardless of what a prior protocol may say. Now, the protocol is also a contract and TNZ could still seek to enforce the "buyout" clause, which in the legal world is referred to as a "liquidated damages" clause. TNZ is not limited only to actual damages. Rather, the liquidated damages clause, to be enforceable (and not deemed an unenforceable penalty), must bear a reasonable relationship to TNZ's probable damages (understanding that such damages may be difficult to calculate with any real certainty).

A campaign that can cost a team $150 million for just one cycle, together with investments and expenses based on a promise to use the same boats for two cycles, could easily justify a liquidated damages amount of $30,000,000.
Yes, I was basically recalling your opinion with the best of my recollection.
 



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