It also is the case, as noted above, that this Court has not had any cross-examination evidence or evidence from disclosure, which may shed much greater light on how the dispute may be resolved. [26]BVIHCMAP 2014/0025 Jinpeng Group Limited v Peak Hotels and Resorts Limited (Peak Hotels), Court of Appeal, 8 December 2015, paragraph 27 /jinpeng-group-ltd-v-peak-hotels-and-resorts-ltd/, paragraph 29. [32]As noted above, in total there are five affirmations of Wong filed, including with respect to post-hearing developments (Wong Affirmation 1 Wong Affirmation 5) and two affidavits ofForbes filed (Forbes Affidavit 1 and Forbes Affidavit 2, that latter being with respect to post-hearing developments. The newly-formed Hong Kong-based investor group, Integrated Whale Media Investments, which is led by Integrated Whale Media Investments, will become Forbes' new co-owner. PLEASE HELP. (1981). In July, Corr wrote a post about Asia Society trustee Ronnie Chan, alleging Chinese influence at the organization. In addition, Highlander asserts that provisions of the Purchase Agreement and Notes preclude, as a matter of law, reliance on the alleged arrangement. In other words, the first email following the breakfast meeting and subsequent meetings is consistent with Wongs version of events (save of course that importantly it does not acknowledge the alleged arrangement) and inconsistent with Forbes strong themes in his affidavits. [13]Forbes Affidavit 1 and Forbes Affidavit 2, sworn 25 February 2015 and 2 February 2016, respectively. Anyone can read what you share. A court may find the strong focus of Highlander and Forbes on respect, principle and tone to be understandable as a significant motivator for the actions of Highlander, however, it also may find (as Integrated Whale suggests in its written submissions), opportunistic actions. 2023 - Market Business News. Justice Gertel Thom, His Lordship, the Hon. Mr. Perlis, who said that Forbes had already been working with Integrated Whale Media Investments management through their existing real estate and financial services lines of business, added: This significant investment in the company is a strong endorsement of the global strength of our brand, as well as our progress and innovative plans for continued growth.. Alternatively, Applicant asserted Court should exercise its discretion to set aside the statutory demand under Section 157(2) on the basis of being satisfied that substantial injustice would otherwise be caused Court would not exercise its discretion under Section 157(2)(b) of Act in favour of setting aside statutory demand based on the exclusive jurisdiction clause (in favour of Delaware), applying Jinpeng Group Limited v Peak Hotels and Resorts Limited BVIHCMAP 2014/0025 Court of Appeal, 8 December 2015 (in the context of a liquidation application, where an arbitration clause applies to the dispute, while the court has a wide discretion, the appellant does not have to prove exceptional circumstances to invite the court to exercise its discretion to make a winding up order.), citing and following C-Mobile Services Limited v Huawei Technologies Co. Limited BVIHCMAP 2014/0017, 15 September 2015 (in winding up proceedings one is considering always a class remedy and not a private [one] between the petitioner and the company). There is no suggestion that the business relationship in in jeopardy, no reference to disrespect, no reference to any commitment at the breakfast meeting to pay the 1 October Interest soon, and no suggestion that the declaration of a default and an acceleration are on Highlanders radar screen. See also Wong Affirmation 2, paragraph 8. As pointed out earlier, this may prove to be a significant weakness in Integrated Whales case. Steve Forbes, chairman and editor in chief of Forbes Media, which was sold last year. Market Realist is a registered trademark. [22]Respondents Chronology for Hearing on 14 April 2015. Over the next two decades CP branched out from seeds into feed, farms and grain trading. Integrated Whale Media could lose out on more than $350 million it already paid out, according to a person with knowledge of the matter. This transaction essentially . It is an investment firm specializing in public and private equity investments, with expertise in technology, finance and telecommunications. While that does not mean that Forbes will not be able to put this into a context in cross-examination, it adds to the evidence of a substantial dispute. [5] Its chair and editor-in-chief is Steve Forbes, and its CEO is Mike Federle. Forbes Media continually expands its reach to include a variety of audiences. By Originating Application dated 12 February 2015 (, ) pursuant to Sections 157 (1) and 157(2) of the Insolvency Act, 2003 (, ), the Applicant Integrated Whale Media Investments Inc. (, ) applies to set aside a statutory demand (, ) served on it on 30 January 2015 by the Respondent Highlander Management LLC (, ). Also Forbes refers to email exchanges between the parties, which are exhibited, and seeks to bring context and explanations to them. On January 6, 2014, Forbes magazine announced that, in partnership with app creator Maz, it was launching a social networking app called "Stream". The 1 October Interest was paid on16 November 2014 and Highlander accepted the payment. Two other brothers of Dhanin and Sumet are also billionaires. Their costs submissions had regard to the outcomes on what may be seen as three aspect of this Application: (a) the substantial dispute issue, on which the Integrated Whale succeeded and obtained the central and important relief it sought, which is the setting aside of the Demand; (b) the alternative substantial injustice issue on which the Integrated Whale did not succeed and which was heard at the same time as the substantial dispute issue; and (c) the Delaware proceedings aspect of the substantial dispute issue, which was raised by the Integrated Whale more recently and resulted in a hearing with leading counsel on 11 February 2016, and which this Court found did not involve any kind of admission by Highlander of a substantial dispute, as Integrated Whale had asserted was the case. (The content of the email, which Corr forwarded to me, couldnt be independently verified; the Forbes spokesperson didnt specifically address Corrs or Changs claims. Forbes.com employs the slogan "Home Page for the World's Business Leaders" and claimed, in 2006, to be the world's most widely visited business web site. Rep. Alexandria Ocasio-Cortez suggested shortly after the November election that someone should begin compiling a list of Trump White House staffers. did not really include matters that are independent of the issues raised on the substantial dispute ground. This Court finds that Integrated Whale has met the requisite factual and legal requirement of showing a substantial dispute as to whether the debt alleged is owing or due (for the avoidance of doubt, that statutory phrase, when used throughout this Judgment, encompasses the concepts articulation that the debt must be disputed on genuine and substantial grounds). The Lincoln Projects Stuart Stevens announced that it will also track former White House staffers. The creative destruction wrought by the Internet, moreover, is just beginning.. Schlumberger's Software-Integrated-Solutions division has an office in Tokyo, Japan, 103-0027. Wong points out in Wong Affirmations 1 and 2, in support of his actions and inactions and those of Integrated Whale, that the relationship with Highlander/Forbes was very new, and the 1 October Interest was interest for less than one calendar quarter and was relatively a very small amount. [34], Forbes.com is part of Forbes Digital, a division of Forbes Media LLC. In June, BuzzFeed said it would merge with the publicly listed shell company 890 Fifth Avenue Partners. That is not the role of the Court on an application to set aside a statutory demand. [33]Each Note provides: This Note and the Transaction Documents (as defined in the Purchase Agreement) embody the entire agreement and understanding between [Integrated Whale] and [Highlander] and supersedes all prior agreements and understandings relating to the subject matter hereof., [34]Each Note provides: This Note may only be modified in a written instrument executed by [Integrated Whale] and [Highlander].. They also want to punish anyone who worked in the Trump administration and, to a lesser extent, the 45th presidents supporters. While that may be the case, and while this Court may defer to the Delaware courts if it were sought to have the dispute adjudicated in the Territory of the Virgin Islands, as explained in this Judgment, this Court is not being asked to determine the dispute but in a form of class proceedings for creditors is determining if there is a substantial dispute such that the Demand should be set aside or set aside under the discretionary ground in the Act. The Forbes family still owns a significant stake in Forbes Media, along with Integrated Whale Media Investments. [41]Veasey Report, paragraphs 26 and 27. The Court concludes that, subject to what is said below, Highlander should pay Integrated Whale its costs of the Application, which should include what is referred to above as the costs of the substantial injustice issue. [37] Forbes currently allows advertisers to publish blog posts on its website alongside regular editorial content through a program called BrandVoice, which accounts for more than 10 percent of its digital revenue. He goes on to say that [g]iven that this interest issue was so minor and based on what I genuinely believed to be [Forbes] assent to this arrangement, I did not manage to record this agreement or discussion in writing afterward., I state categorically, says Wong, that if [Integrated Whale] had not understood the position to be that [Highlander] was entirely content to allow both interest payments to be made together, and later, it would have immediately settled to [sic. Photographer: Taylor Weidman/Bloomberg. He therefore appears to make it clear that amendment and waiver are distinct concepts in the Purchase Agreement. All rights of [Highlander] under this Note are cumulative and may be exercised concurrently and consecutively at [Highlanders] option. Forbes is the latest media company to use the once obscure but increasingly popular SPAC maneuver to go public, rather than an initial public offering, which comes with regulatory hassles. While it was not inappropriate, as this Court has stated in this Judgment, for Integrated Whale to bring the Delaware proceedings to the attention of this Court (which could have been done in writing, as in fact it was initially), it was inappropriate and a waste of this Courts time for Integrated Whale to take and pursue an aggressive and vigourous position that there was an not only an admission but a determinative admission of a substantial dispute by reason of the Delaware proceedings, insist that the Demand be withdrawn on that basis, and then act so as to escalate the matter and cause an hearing to be held with leading counsel attending, and attending in person. Under the terms of the Notes, [Integrated Whales] payment of interest following the acceleration of amounts due under the Notes does not undo or mitigate the automatic and irreversible acceleration of the Notes. Veasey disagreed with Steele and opined that as follows: the opinion expressed is [the Steele Report] is an overbroad generalization based on interpretations and applications of law to distinguishable facts peculiar to the cases that he cites. Also he does not deal with a point that Highlander points out in its submissions on a different provision of the Purchase Agreement, that Highlander was not a party to the Purchase Agreement it only is an assignee of the Notes. The latter part of this submission related more particularly to the Section 157(2)(b) ground of the Application. As explained below, this Court concludes that there is a substantial dispute about the arrangement, if established, having or not having legal effect under Delaware law. There were various business meetings that Forbes and Steve Forbes had with Wong and other representatives of Integrated Media in Hong Kong and Singapore during 26 30 October 2014. As a response to Forbess request for the funds, Integrated Whale used its control over the companys board to embark on a retaliatory, multifront campaign of oppression through the abuse of the corporate machinery to penalize and dissuade the Forbes plaintiffs from enforcing their basic contractual rights, the complaint said. Highlander more recently commenced proceedings in Delaware on the accelerated debt claim under the Notes and on two other claims arising from the parties same business relationship. On 16 July 2014 Forbes Media Holdings LLC, Forbes Media LLC and Integrated Whale entered into a Membership Interest Purchase Agreement (" Purchase Agreement ") whereby Integrated Whale agreed to purchase a 95% interest in Forbes Media LLC. He serves as a board member of Asian communications conglomerate True Corporation. Fox News senior political analyst Brit Hume offered a five-word analysis of the Lincoln Project effort. The magazines mission is to provide quality journalistic coverage of the most influential leaders and entrepreneurs who are driving change, transforming business and making a significant impact on the world.. The application of Integrated Whale for an order for an interim payment of costs shall be left to be heard and determined upon the handing down of this Judgment in the presence of counsel. It is based in Jersey City, New Jersey. [40]Steele Report, paragraph 23 describing this judgment and stating that it is dispositive in this matter. [42], Forbes won the 2020 Webby People's Voice Award for Business Blog/Website. Integrated Whale asserted in respect of costs that it was entirely successful on the Application in that the Demand was set aside; there is no basis, and it would be wrong in principle, to penalise Integrated Whale (by way of any form of costs reduction) in respect of the Court electing not to choose to set aside the Demand on the substantial injustice ground; and that there should be no reduction of Integrated Whales costs in respect of the Delaware proceedings hearing on 11 February 2016, in part because the costs of and incidental to the hearing of 11 February 2016 naturally arose out of the developments which are out of Integrated Whales control. Also Integrated Whale seeks an interim payment of costs. VideoChess gets a risqu makeover, The Nigerian influencers paid to manipulate your vote, How a baffling census delay is hurting Indians, How Mafia boss was caught at a clinic after 30 years. When the Asian owners reneged on the loan, the Forbes brothers tried for years to get payment, only to have the matter land in court in December 2015. Wayne Hsieh, co-founder of Singapore-based ASUSTek Computer Inc., is another significant IWM investor. Forbes - which says it reaches 75 million people worldwide every month through its print, digital, TV, conferences and research ventures - began looking for a buyer last November. For the present purposes, it can be said that this demonstrates that there is at least a substantial dispute between Integrated Whale and Highlander about the legal consequences of the alleged arrangement. In the case of Integrated Whales non-response to emails from Highlander about payment of the 1 March Interest, for example, a judge hearing and seeing the witnesses may find the explanation not only understandable but true. At the breakfast meeting, amongst other things the 1 October Interest was briefly discussed, says Wong. Lane also named Kellyanne Conway, senior counselor to the president. Here the allegation of Integrated Whale of a waiver is not based on Highlander not exercising or delaying acceleration of the Notes in respect of the 1 October Interest on or from the date when it was first entitled to do so; it is based instead on an alleged positive commitment by Highlander to permit Integrated Whale to pay the 1 October Interest with the next interest payment, and implicitly, not to accelerate based on the earlier non-payment of the 1 October Interest. Respondents Chronology for Hearing on 14 April 2015. BECAUSE THIS IS ABOUT REMOVING GOD FROM OUR LIVES AND MAKING IT A CRIME TO BELIEVE. Also the Court has had regard to the step by step guide to awarding costs set out by Justice Jackson in Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd. His Lordship, the Hon. Integrated Whale contends that in any event this Court, and in the context of the procedure adopted by Highlander, should not seek to resolve any issue of dispute but should require Highlander to prove its claim, if it has one, first in the courts of Delaware. Simple, he said. Brazil Bounces Back With A Slew Of New Billionaires, Southeast Asia's Richest Woman Signs $6.5 Billion Deal For 50 Airbus Jets, The Indonesian Tycoons Behind Lion Air, Whose Plane Crashed Off Jakarta on Monday, How This Video Gaming Billionaire Invests His More Than $2 Billion, LinkedIn Cofounder Reid Hoffman On His Billion-Dollar Impact Investing Bet, Jeff Bezos Is $1.8 Billion Richer As Amazon's Market Cap Briefly Hits $1 Trillion, The $4 Billion Crypto Billionaire Who No One Has Heard Of. [29], The company also formerly published American Heritage and Invention & Technology magazines. About Integrated Whale Media Investments Newly-formed Integrated Whale Media Investments (IWM) is based in Hong Kong and consists of a group of international investors. If it does meet that threshold, the Court shall set aside the Demand. 2015-11-06T18:55:23Z . Forbess reputational problems began before the 2014 purchase. Now a household name, Forbes was the first major American business magazine founded in 1917 by Bertie Charles Forbes. Steve Forbes and Timothy Forbes, who were third-generation owners of the family company, engaged in legal struggles for several years over the loan it provided to Integrated Whale, finally settling in 2017. Forbes's holdings include a portion of RealClearPolitics. Hong Kong-based IAM was founded by Tak Cheung Yam. Wongs evidence is that the 1 October Interest was not further raised, mentioned and/or discussed by [Forbes] with any of the representatives of [Integrated Whale], including myself, after the breakfast meeting. Nor was it raised in a long complimentary email to me on 3 November 2014 in which he indicated his great appreciation. Forbes Affidavit 1 and Forbes Affidavit 2, sworn 25 February 2015 and 2 February 2016, respectively. Read about our approach to external linking. Sumet is Dhanins eldest brother and is Thailands third richest tycoon and executive chairman of CP Group. As discussed below, it is not the role of this Court on this Application to resolve the dispute but to determine whether there is a substantial dispute (within the meaning of those statutory words in the case law). "[33] Forbes would launch limited promotions for the school in limited issues. ) (which involved an arbitration clause, and the public policy favouring a stay of court proceedings in favour of arbitration, but to like effect in the case of an exclusive jurisdiction clause). , submitted by Integrated Whale for the proposition that a court should make an issue based order only if other forms of order cannot be made which sufficiently reflect the justice of the case. It has shown that there is a substantial factual dispute respecting the asserted agreement or understanding allegedly made at the Hong Kong breakfast meeting between Wong and Forbes on behalf of Integrated Whale and Highlander, respectively. BVIHCMAP 2014/0017, 15 September 2015, paragraph 9 cited in Peak Hotels, paragraph 44. So far it has not been explained by Wong or anyone else on behalf of Integrated Whale. Integrated Whale submits that the alleged arrangement, if found to have been made and relied on by it in not paying the 1 October Interest within the period required by the Notes, would give rise to waiver and estoppel such that Highlander would be precluded from relying on and enforcing its contractual right to accelerate. Forbes is far from the only media company to incite controversy with its China coverage. Forbes is seriously diminished by such cancel culture rantings, considering it has long been considered a respected business publication of its creator, B.C. Forbes also reports on related subjects such as technology, communications, science, politics, and law. Integrated Whale asserts that it was at all times able to pay the 1 October Interest if it had been so required. In 2014, Forbes was acquired by a Hong Kong-based consortium called Integrated Whale Media Investments, led by investment firm Integrated Asset Management and Wayne Hsieh, cofounder of Asustek . Arena Corporation Ltd. v Schroeder [2004] EWCA Civ 371, paragraph 53. About that there is no doubt. To constitute of substantial dispute, the debt must be disputed on genuine and substantial grounds, ; the dispute must be real as opposed to frivolous, ; the alleged debtor has to produce some tangible evidence in support, ; [t]here has to be something to suggest that the assertion is sustainable (which could be a witness statement or document, unless the evidence asserted is inherently implausible, contradicted by or not supported by documents or not supported by contemporaneous documents, This Court has carried out a preliminary investigation of the facts, as it is required to do on an application such as this, in order to determine whether the dispute raised by Integrated Whale about the alleged debt is on genuine and substantial grounds (within the meaning of that phrase discussed above). Integrated Whale paid and Highlander accepted the second interest payment of $223,826 on 29 December 2014. Our investors respect Forbes editorial independence and they do not get involved with Forbes editorial decisions.) Its unclear why Forbes terminated Chang. block riley's dad net worth; cardozo law school employment statistics; 26 ft box truck for sale in miami; yfn lucci teeth before grill; pizza bella menu mountain top, pa phone number It was not inappropriate for Integrated Whale to bring those proceedings to the Courts attention, and at the end of the day, Highlander did not dispute that this Court could be informed. Groups technology, media and telecom businesses. It is currently reviewing all legal options regarding the complaint and reserves its rights.. [38] Forbes.com also publishes subscription investment newsletters, and an online guide to web sites, Best of the Web. Integrated Whale asserts that it was led to believe by Highlander, and Highlander agreed, that payment of the 1 October Interest would be rolled up and paid later with the interest due on 1 January 2015. It has been exciting to watch the Forbes management team successfully complete a digital transformation since we have been involved, and then deliver record annual returns, Mr. Yam said. After 97 years of family ownership, Forbes Media has announced it has sold a majority stake in the company to a Hong Kong-based group of international investors. [6] In 2014, it was sold to a Hong Kongbased investment group, Integrated Whale Media Investments.[7][8]. The company then partially repudiated its earlier work. Forbes in 1917. the opinion expressed is [the Steele Report] is an overbroad generalization based on interpretations and applications of law to distinguishable facts peculiar to the cases that he cites. Sometimes we write stories that we probably may have kind of rethought should have rethought, Bloomberg chairman Peter T. Grauer said at the time. Integrated Whale paid $350,000,000 of the purchase price with the balance payable pursuant to three Promissory Notes (. Having generated costs for Highlander that should not have been generated, Highlander should recover those costs from Integrated Whale. While this Court does not have clear Delaware law evidence on that point (and the Veasey Report suggests otherwise), the point lends support to their being a substantial dispute on the legal effect of the alleged arrangement. The Purchase Agreement provided in Section 15.6 as follows: any controversy, dispute, complaint, demand or claim arising out of or related to this Agreement, any other Transaction Document [each Note is a Transaction Document based on the definition in the Purchase Agreement] shall be resolved in accordance with the procedures set forth in this Section 15.6. There is a fee to join the Councils. Integrated Whale disputes that the acceleration could occur in light of the arrangement at the breakfast meeting or that the alleged accelerated sum became or is due. Indeed, it would be possible that there would have been no such preliminary determination in Delaware at the time of the set aside Application here and yet the proceedings there would be close to their determination when the application to set aside a statutory demand came before this Court. Hari Sevugan, former senior spokesman for the Barack Obama presidential campaign, answered the call. [9] Drey became vice-president of the B.C. Forbes has an international edition in Asia as well as editions produced under license in 27 countries and regions worldwide. The Notes provided that they shall be governed by and construed in accordance with the Laws of the State of Delaware. When Integrated Whale brought the proceedings to this Courts attention, it was on the basis that Highlander bringing its claim on the Notes in Delaware was an admission of a substantial dispute. The 18-month Note had an interest rate of 0.36% per annum and the other two notes had interest rates of 1.86% per annum. Integrated Whale acquired an 80 percent stake with cash, another person briefed on the matter recently said. , in particular the statement of the Chief Justice on the nature of a creditors winding up application, where she wrote: Peak Hotel then goes on to note that arbitration clauses are designed to resolve disputes between contracting parties and that once the dispute was submitted to the court as a basis of a creditors winding up application it became an issue between the [company] and its creditors over the companys ability to pay its debts as they fall due and accordingly a stay should not be granted under section 18(1) of the Arbitration Act, 2013. 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