CART Sale approved by Court

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CART sale may go through by late January
By MARK JEWELL
The Associated Press

INDIANAPOLIS - The CART racing series could win court approval of its proposed sale to a group of team owners by Jan. 28 under a plan a bankruptcy judge approved Tuesday.
U.S. District Judge Frank J. Otte's approval of CART's proposed sales procedures came two weeks after the series filed for Chapter 11 bankruptcy protection as part of an agreement with the series' buyers, Open Wheel Racing Series LLC.

Otte overruled objections to the sales procedures and scheduled Jan. 23 as the deadline for alternative bids for Indianapolis-based CART's assets. If any such bids emerge, they could be considered during an auction Jan. 28. Without any qualifying bids, Otte could approve the sale to Open Wheel that day.

"This is another step in the process that will hopefully move us toward a successful 2004 season," CART spokesman Eric Mauk said. "This is by no means the end of the road, but it does keep the process moving."

CART and Open Wheel Racing agreed to sale terms before the bankruptcy filing in hopes of making a quick Chapter 11 exit in advance of the 2004 season.

Under the so-called "prepackaged" bankruptcy, Open Wheel will acquire all of CART's assets - including equipment as well as sponsorship, team and promotion contracts - for $1.6 million in cash. But because the buyers will also assume some liabilities, including prize money owed to teams that took part in the 2003 season, the total purchase price is expected to be about $3 million.

Open Wheel's principal owners - Gerald Forsythe, Kevin Kalkhoven and Paul Gentilozzi - told reporters Dec. 17 that they could quickly bring the series out of bankruptcy and run a 2004 season with at least 15 races and at least 18 cars.

The team owners want to put publicly traded CART under private ownership.

The current sale proposal replaces an earlier buyout agreement that Open Wheel backed out of earlier this month after too few teams committed for the 2004 season to meet the original purchase conditions.

CART in November announced a 19-race schedule for 2004, but has since postponed the season-opening Grand Prix of St. Petersburg.

In October, CART announced it lost nearly $78 million in the year's first nine months, and warned that it would have to halt operations if the takeover was not completed. CART has been on a downward spiral, in part because of the creation of the rival Indy Racing League in 1996.

Open Wheel's series would continue to be based in Indianapolis and operate under the Champ Car World Series banner, with the CART name being phased out.
 
OWRS Purchase of CART Assets Proceeding
Written by: RACER staff
Indianapolis, Ind. – 1/2/2004
More twists in tyhe sale of CART have not slowed down progress of the bankruptcy proceedings aimed at resuscitating the Champ Car World Series (LAT photo).

The asset purchase agreement process for the Champ Car World Series took another twist this week when an attorney for California Speedway told the judge in charge of the CART bankruptcy case that he is also representing a group potentially interested in making a bid.

Mike Hile, an attorney representing California Speedway, later identified the group as 88 Corp, which is a subsidiary of International Speedway Corporation, but would not disclose his client's intentions. ISC is a publicly traded concern that is controlled by the France family that runs NASCAR.

CART attorney James Carr referred to this news as a "red herring,” and argued that "if the sale is not put in place, you'll not have a racing series here to preserve".

Judge Frank Otte agreed with the need to progress the sale, and overruled objections aimed at slowing the process of the buyout. Judge Otte set Jan. 28 as the date for the sales hearing, the next phase toward completion of the proposed deal by prospective new owners Gerald Forsythe, Paul Gentilozzi and Kevin Kalkhoven of Open Wheel Racing Series.

At that hearing, attorneys for Road America and California Speedway can state their cases against CART. The Elkhart Lake road course does not want its contract with CART to be transferred to the new owners, while California Speedway has a $2.5m legal claim pending against CART for the return of its sanctioning fee for the 2003 season finale, which was canceled due to nearby forest fires.
 
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