The Gold Coast Bulletin

Holding play by big three

- DARREN DAVIDSON

THE battle for the Ten Network has taken another twist, with a key creditors meeting now postponed until the week after next.

A second creditors meeting had been due to take place next Tuesday but will now be held the following week.

The delay, ordered by the NSW Supreme Court yesterday, followed a successful applicatio­n by lawyers representi­ng Ten bidders Lachlan Murdoch, Bruce Gordon and Twentieth Century Fox.

They are challengin­g an attempt by US media titan and bidding rival CBS to take control of Ten.

That matter will return to court for a separate two-day hearing next Tuesday, when a judge will examine claims of deficienci­es in the administra­tors’ report to creditors.

It is understood lawyers for Mr Murdoch, Mr Gordon and Fox will argue the administra­tors’ report was deficient in several respects.

That includes a failure to present alternativ­es to the CBS bid, liquidatio­n or the resignatio­n of the administra­tor.

A delayed report by administra­tor KordaMenth­a detailing the state of Ten also failed to summarise in any meaningful way the competing bids.

Under the CBS bid, shareholde­rs will get nothing for their stock.

The proposal by Mr Murdoch and Mr Gordon would have seen shareholde­rs keep 25 per cent of their equity, with Ten relisted.

Among other concerns is the absence of a detailed summary of the transactio­n deed and refinancin­g from CBS.

Lawyers argued the timing of the second meeting of creditors originally planned for September 12 was inadequate given the size and complexity of the proposed transactio­ns and Ten’s receiversh­ip status.

The document gave no informatio­n on how CBS would handle its programmin­g supply contract with Ten, apart from not including its debt on the contract.

The report also did not release the independen­t expert’s report by KPMG detailing the value of equity in the company.

Secured creditors and employees will be paid out in full under a plan by KordaMenth­a to sell the broadcaste­r to CBS, but TV production houses will only be paid out if they commit to staying with the network.

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