Former Rangers chairman asks if Craig Whyte should still be creditor

STV
Club in crisis: Former Rangers chairman sent letter to administrators.© STV

Alastair Johnston has questioned whether Craig Whyte has met the conditions set in the sale purchase agreement in his takeover of Rangers FC.

In a statement, the former club chairman queried whether Mr Whyte should remain the secure creditor at the club if the conditions of extinguishing the debt have not been met.

The following letter was sent to administrators Duff and Phelps on Wednesday:

"As the former Chairman of Rangers Football Club who acted in such a capacity during the period surrounding the acquisition of the majority shareholding in the Club by Wavetower Limited, I would request that you investigate and report on the issues pertaining to compliance with Part III, paragraph 1 of the 'Circular to the Shareholders of The Rangers Football Club P.L.C.', dated June 3, 2011, a copy of which has been previously furnished to you.

"The Purchaser’s Warranties and Undertakings recited in this paragraph are self-explanatory and 'are expressed to be enforceable by both the Club and Vendor'. In this regard, I draw your attention to the recourse described in Para 1 (h), i.e. 'A breach of any undertakings given by the Rangers FC Group in the agreement will result in the debt acquired being automatically extinguished'.

"This issue has apparently also been of concern to the vendor because Sir David Murray issued a public statement on February 14 which included the following comment, 'MIH wrote to Wavetower on 25 August 2011 seeking confirmation that its various obligations were being complied with. A confirmatory assurance was eventually obtained on January 3, 2012. Following recent speculation concerning the financing and security arrangements put in place by Wavetower, a request was issued seeking further clarity'.

"As you know, the status of the Club at this time is precarious, but efforts involving investors and/or supporters are being developed to initiate and execute a recovery to self-standing sustainability. Wavetower’s (Craig Whyte’s) leverage during this process is a function of his purported position as the primary secured creditor by dint of the £18 million loan which he claims he has provided to the Club on an unencumbered basis. If, however, this entitlement cannot be sustained based on any breach as referred to above thus precipitating the extinction of the loan in question, then the options for charting a course for reconstitution of Rangers Football Club will be much more readily identifiable.

"I, therefore, believe that it would serve the public interest for the Administrators to make a full declaration with respect to relevant compliance."