re: Astros sale to include $70M for move to American League

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Citing provisions from a 2000 agreement that expires at the end of 2029, Yankowsky said the terms spell out that the home team — the Astros — be a National League franchise.

Article 1, Section 1.1 of the lease states that all capitalized terms in the lease have meanings assigned in a glossary of defined terms. One of the key provisions, Yankowsky said, comes in Article 5, Section 5.1 defining “Permitted Uses” of Minute Maid as including “exhibition, presentation and broadcasting of Baseball Home Games and activities related thereto.”

The Glossary of Defined Terms classifies “Baseball Home Games” as “any major league baseball game in which the Team as the host Team for its opponent (i.e. the Team takes the field in the first half of each inning and bats in the last half of each inning of such baseball game).” Team, as defined by the Glossary, is “the major league baseball team owned by the tenant pursuant to the rights granted to it as a National League franchise under the Franchise, currently named the Houston Astros Baseball Club.” Franchise, as defined in the lease, is “the Team issued by the National League.”

“In the simplest form, what this means, in my judgment, is come opening day of 2013, the Sports Authority can refuse to let them play because it’s not a permitted use of the stadium,” Yankowsky said. “They can quite simply lock the doors and say, ‘No, it’s not a permitted use.’ The play of Major League Baseball games, by definition, are limited to games in which a National League team is the home team.”

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