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memorandum of understanding or MoUs

Posted on 11/27/21 at 5:27 am
Posted by Tojjevvuk
Arkansas
Member since Aug 2019
94 posts
Posted on 11/27/21 at 5:27 am
It is my understanding that when coaches are hired they sign a MoU. Which is basically an official letter declaring their intent. A contract isn't signed till its ready which takes a couple of months to write up and have both parties agree. So if we get Riley, he won't be signing a contract til January most likely. Til then, he signs a MoU.

What happens if he signs the MoU and decides to stay at OU? anything?

If nothing, then an MoU is nothing more than a verbal commit from a recruit. That would mean OU can still full court press Riley, even if Lincoln signed an MoU today. Until Lincoln tells OU no, he is still up in the air. Lincoln would be stupid to tell OU he is not accepting any counter offers, so he is still listening. OU's AD most assuredly knows what it would take to keep Riley.

What I'm getting at is, OU's AD is on the clock. Can he gather enough resources from boosters to stop LSU? This all comes down to the OU boosters. How close are they to offering Riley what he wants? obviously they haven't offered enough, but are they close? Will they or won't they. A curb stomping by OSU might be enough to dissuade the boosters and make them stall.
Posted by BallChamp00
Member since May 2015
7274 posts
Posted on 11/27/21 at 5:31 am to
Riley isn’t going through all this to back out. He isn’t using this as leverage. If it’s done it is because he was made an unreal offer and showed how much we need him. If not it’s smoke by lsu because we got someone better. Only LSU is talking. OU seems to know nothing.
This post was edited on 11/27/21 at 5:32 am
Posted by Ironhead985
Member since Jun 2013
9609 posts
Posted on 11/27/21 at 5:35 am to
And is LSU’s offer to Riley(if true) their final offer? We don’t know, and probably won’t know for sure for another week. Strap in. I don’t see Woody as the type of guy to let things like spending money and resources stop him from getting the guy he really wants. We’ll see.

FTR I hope OSU whoops the living monkey shite out of OU. I know people here will bitch and moan if that happens, but it only helps our case, and if their players have indeed caught wind of all this, it’s not out of the realm of possibility for them to come out flat and uninspired.
This post was edited on 11/27/21 at 5:38 am
Posted by Ironhead985
Member since Jun 2013
9609 posts
Posted on 11/27/21 at 5:39 am to
quote:

If not it’s smoke by lsu because we got someone better.
Who exactly is better in your opinion besides Saban, Smart and possibly Dabo? LSU isn’t going to wait until January to hire an NFL guy.
Posted by Tojjevvuk
Arkansas
Member since Aug 2019
94 posts
Posted on 11/27/21 at 5:40 am to
It would be insane if OU's AD comes in offering 11 mil only for Woodward to up his offer to 13.5 and even more money for assistants.
Posted by burke985
UGANDA
Member since Aug 2011
28297 posts
Posted on 11/27/21 at 5:41 am to
They kinda been playing uninspired all year, I think there's something going on internally there only explanation for Riley to be listening to LSU.
Posted by Ironhead985
Member since Jun 2013
9609 posts
Posted on 11/27/21 at 5:42 am to
quote:

They kinda been playing uninspired all year, I think there's something going on internally there only explanation for Riley to be listening to LSU
You got a point there.
Posted by Ironhead985
Member since Jun 2013
9609 posts
Posted on 11/27/21 at 5:44 am to
quote:

It would be insane if OU's AD comes in offering 11 mil only for Woodward to up his offer to 13.5 and even more money for assistants.
I agree, but it’s Woody. The guy that gave Jimbo 100M pretty much guaranteed.
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 11/27/21 at 5:49 am to
Woody gave Jimbo 75M contract. His extension ( not by Woody) gets him to 95M

Just for accuracy
Posted by Ironhead985
Member since Jun 2013
9609 posts
Posted on 11/27/21 at 5:54 am to
quote:

Woody gave Jimbo 75M contract. His extension ( not by Woody) gets him to 95M Just for accuracy
Correction accepted. My point is that if the money is there for Woody to spend, and he is hellbent on Riley, then he won’t hesitate to spend every dollar that he is allowed.
Posted by Indiana Tiger
Member since Feb 2005
4107 posts
Posted on 11/27/21 at 6:10 am to
I think of it in terms like possession is 9/10s of the law. A MOU is going to outline the parameters, but not the details contained in a contract. As long as he is in Norman, there's always room for him to walk away. Once he gets here, it would take an incredibly unusual and major contractual disagreement for it to fall apart.
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
22096 posts
Posted on 11/27/21 at 7:19 am to
Sorry, where did the idea that there is an MOU in place come from? I haven’t seen any posts about this yet. Are they claiming there is actually something in writing and it’s signed by Riley??


MOUs are completely non-binding. Riley could walk away at any point with zero consequences. It’s essentially an agreement about the general ideas that a future contract may hold, in order for both sides to ensure they are on the same page and “committed” to working together while the specific terms of a binding contract are being worked out (an understanding). Your comparison to a verbal commitment in recruiting is a good one.


The main benefit of an MOU is that it can be used to show intent to form a contract in the future if there is a later dispute about whether a contract was actually formed, or to help infer intent about specific terms during negotiations if they later become points of contention in a legal action over an actual contract. It can be used as a road map of the progression of the relationship between the parties.


But in a situation like this it would be extremely unlikely that Riley would actually sign anything like this, as really the most likely use would be to potentially embarrass him if he does back out and decide to stay in Norman. A signed MOU coming out after that would make him look pretty shitty to the OU admin, fan base, and team and show that he was essentially one foot out the door during this critical part of their season.


So while I can absolutely see why LSU would be anxious to get an MOU signed, it wouldn’t serve any purpose for Riley, really. It isn’t like he would be nervous that LSU could potentially back out. He would have virtually nothing to gain and a whole lot to lose.


So if there actually is an MOU out there, this is practically a done deal imo, because Riley isn’t backing out at that point.


They could include a confidentiality agreement within the MOU, but that still leaves him very exposed that it could somehow find its way to the media after the fact. The damage would already be done in the eyes of OU and court of public opinion, and whatever legal recourse he had wouldn’t be nearly sufficient to make him whole.


ETA: Think in terms of Jimbo in 2015. Once it LSU left him at the alter, that virtually ended his career in Tallahassee as it was so widely known that he was looking for an out and he was really never able to get back in the good graces of the admin or fan base.

If there is an MOU, and Riley stays at OU, I’d out good money on him leaving Norman within two years anyway, just like Jimbo, because he will have burned too many bridges to win them back unless they win the CFP next season.
This post was edited on 11/27/21 at 7:24 am
Posted by 1BIGTigerFan
100,000 posts
Member since Jan 2007
55100 posts
Posted on 11/27/21 at 7:24 am to
Lawyer?
Posted by jonnyanony
Member since Nov 2020
14769 posts
Posted on 11/27/21 at 7:26 am to
quote:

If it’s done it is because he was made an unreal offer and showed how much we need him. If not it’s smoke by lsu because we got someone better.


An optimistic binary that avoids a very common alternative: a program goes hard for a coach and strikes out.
Posted by mpwilging
Punta Gorda Isles, Florida
Member since Jan 2011
9538 posts
Posted on 11/27/21 at 7:36 am to
MOU and LOI (letter of intent) are very similar. They are somewhat binding in that if both parties agree and execute the legal document, they are both bound to each other for a period of time, usually a few months. During this period of time, due diligence and the details are input into the final contract.

You don't execute an LOI or MOU unless you intend to sign the eventual contract. I had one fall through (because I opted out due to the buyers fraudulent actions) 22 years ago, but it is very rare...
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
22096 posts
Posted on 11/27/21 at 7:38 am to
quote:

Lawyer?


Guilty


Posted by Mobiletiggah
Mobile Alabama
Member since Mar 2021
3862 posts
Posted on 11/27/21 at 7:48 am to
They WON’T match LSU’s offer. They are not that crazy about not finishing the last 5 seasons with the pin ultimate win. I believe OU has plenty of money to give him….let’s see what happens today. I think that OU views Riley somewhat jaded. If you can’t beat Baylor or OSU……..Bama, Georgia, Auburn, TAMU, oh…and LSU. IMO we don’t want him either.
Posted by OceanMan
Member since Mar 2010
22637 posts
Posted on 11/27/21 at 7:50 am to
quote:


So while I can absolutely see why LSU would be anxious to get an MOU signed, it wouldn’t serve any purpose for Riley, really.


Well it would hold his spot as the coach.
Posted by js1591
Member since Jan 2020
2803 posts
Posted on 11/27/21 at 7:56 am to
Is that the derivative of the corollary?
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
23662 posts
Posted on 11/27/21 at 8:04 am to
I use MOUs on an almost daily basis (I work in investment banking and corporate development).

MOUs spell out the high level understanding and usually have a materiality clause for breaking them.

For example, let’s say LRs understanding is $12mm a year for 8 year for his salary but at the actual contracting phase the $12mm is a “pool” for coaching salaries and includes the coordinators base salary. NOT SAYING THAT IS THE CASE BUT USING A SIMPLIFIED EXAMPLE.

This difference would have to be worked out in the details of the contract and if not a deal can fall apart. In the IB world deals die all the time between MOU and SPA. There are a lot more moving parts in those deals and most of the time there isn’t even an announcement at the MOU stage.
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