Author Topic: ESPN: It's official Rubio staying in Spain until 2011  (Read 4040 times)

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Re: ESPN: It's official Rubio staying in Spain until 2011
« Reply #15 on: September 03, 2009, 11:12:22 PM »

Offline guava_wrench

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Section 5. Effect of Contracts with Other Professional Teams.
If a player is drafted by a Team in either an Initial or Subsequent Draft and, during a period in which he may negotiate and sign a Player Contract with only the Team that drafted him, and either (x) is a party to a previously existing player contract with a professional basketball team not in the NBA that covers all or any part of the NBA Season immediately following said Initial or Subsequent Draft, or (y) signs such a player contract, then the following rules will apply:

(a) Subject to Section 5(b) below, the Team that drafts the player shall retain the exclusive NBA rights to negotiate with and sign him for the period ending one (1) year from the earlier of the following two dates: (i) the date the player notifies such Team that he is available to sign a Player Contract with such Team immediately, provided that such notice will not be effective until the player is under no contractual or other legal impediment to sign and play with such Team for the then-current Season (if applicable) and any future Season; or (ii) the date of the NBA Draft occurring in the twelve-month period from September 1 to August 30 in which the player notifies such Team of his availability and intention to play in the NBA during the Season immediately following said twelve-month period, provided that such notice will not be effective until the player is under no contractual or other legal impediment to sign and play with such Team for the then-current Season (if applicable) and any future Season.

(b) If, by July 1 of any year, the player notifies the Team that has drafted him that by September 1 of such year he will, immediately thereafter and for any future Season, be under no contractual or other legal impediment to sign and play with such Team, and provided that on such September 1 the player is in fact under no such contractual or other legal impediment, then, in order to retain the exclusive NBA rights to negotiate with and sign the player as provided in Section 5(a), such Team must make a Required Tender to the player by September 10 of such year.

(c) If the player gives the required notice by July 1 of any year, and the Team that drafted him fails to make a Required Tender by September 10 of such year, the player shall thereupon become a Rookie Free Agent.

(d) If, during the one-year period of exclusive NBA negotiating rights set forth in Section 5(a) above, the player signs a player contract with a professional basketball team not in the NBA and the player has not made a bona fide effort to negotiate a Player Contract with the Team possessing his exclusive NBA rights or such bona fide effort is made and such Team makes a Required Tender to such player in accordance with Section 5(b) above, then such Team shall retain the exclusive NBA rights to negotiate with and sign the player for additional one-year periods as measured in and in accordance with the provisions of Section 5(a) above.

(e) If, during the one-year period of exclusive NBA negotiating rights set forth in subsection (a) above, (i) the player signs a player contract with a professional basketball team not in the NBA, (ii) the player has made a bona fide effort to negotiate a Player Contract with the Team possessing his exclusive NBA rights, and (iii) such Team fails to make a Required Tender to such player in accordance with Section 5(b) above, then the player shall thereupon become a Rookie Free Agent.

(f) If, during the one-year period of exclusive NBA negotiating rights set forth in Section 5(a) above, the Team makes or has made a Required Tender to the player and the player does not sign a player contract with any professional basketball team, then (i) in the case of a player who was previously drafted in an Initial Draft, the next NBA Draft following such one-year period shall be deemed the Subsequent Draft as to such player, and the rules applicable to a player who is subject to a Subsequent Draft will apply, or (ii) in the case of a player who was previously drafted in a Subsequent Draft, such player shall become a Rookie Free Agent at the end of such one-year period.

(g) Notice under this Section 5 shall be provided in writing by personal delivery or pre-paid certified, registered, or overnight mail sent to the Team’s principal address or principal office (as then listed in the NBA’s records), to the attention of the Team’s general manager.

http://nbpa.com/cba_articles/article-X.php#section5

This is article X, section 5. As far as I undertand it, the 3 year rule can't override this eligibility.

I'm going to say, Sheridan is mistaken.

What in particular are you referring to when you say he is mistaken?

Re: ESPN: It's official Rubio staying in Spain until 2011
« Reply #16 on: September 04, 2009, 12:09:01 AM »

Offline BudweiserCeltic

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Section 5. Effect of Contracts with Other Professional Teams.
If a player is drafted by a Team in either an Initial or Subsequent Draft and, during a period in which he may negotiate and sign a Player Contract with only the Team that drafted him, and either (x) is a party to a previously existing player contract with a professional basketball team not in the NBA that covers all or any part of the NBA Season immediately following said Initial or Subsequent Draft, or (y) signs such a player contract, then the following rules will apply:

(a) Subject to Section 5(b) below, the Team that drafts the player shall retain the exclusive NBA rights to negotiate with and sign him for the period ending one (1) year from the earlier of the following two dates: (i) the date the player notifies such Team that he is available to sign a Player Contract with such Team immediately, provided that such notice will not be effective until the player is under no contractual or other legal impediment to sign and play with such Team for the then-current Season (if applicable) and any future Season; or (ii) the date of the NBA Draft occurring in the twelve-month period from September 1 to August 30 in which the player notifies such Team of his availability and intention to play in the NBA during the Season immediately following said twelve-month period, provided that such notice will not be effective until the player is under no contractual or other legal impediment to sign and play with such Team for the then-current Season (if applicable) and any future Season.

(b) If, by July 1 of any year, the player notifies the Team that has drafted him that by September 1 of such year he will, immediately thereafter and for any future Season, be under no contractual or other legal impediment to sign and play with such Team, and provided that on such September 1 the player is in fact under no such contractual or other legal impediment, then, in order to retain the exclusive NBA rights to negotiate with and sign the player as provided in Section 5(a), such Team must make a Required Tender to the player by September 10 of such year.

(c) If the player gives the required notice by July 1 of any year, and the Team that drafted him fails to make a Required Tender by September 10 of such year, the player shall thereupon become a Rookie Free Agent.

(d) If, during the one-year period of exclusive NBA negotiating rights set forth in Section 5(a) above, the player signs a player contract with a professional basketball team not in the NBA and the player has not made a bona fide effort to negotiate a Player Contract with the Team possessing his exclusive NBA rights or such bona fide effort is made and such Team makes a Required Tender to such player in accordance with Section 5(b) above, then such Team shall retain the exclusive NBA rights to negotiate with and sign the player for additional one-year periods as measured in and in accordance with the provisions of Section 5(a) above.

(e) If, during the one-year period of exclusive NBA negotiating rights set forth in subsection (a) above, (i) the player signs a player contract with a professional basketball team not in the NBA, (ii) the player has made a bona fide effort to negotiate a Player Contract with the Team possessing his exclusive NBA rights, and (iii) such Team fails to make a Required Tender to such player in accordance with Section 5(b) above, then the player shall thereupon become a Rookie Free Agent.

(f) If, during the one-year period of exclusive NBA negotiating rights set forth in Section 5(a) above, the Team makes or has made a Required Tender to the player and the player does not sign a player contract with any professional basketball team, then (i) in the case of a player who was previously drafted in an Initial Draft, the next NBA Draft following such one-year period shall be deemed the Subsequent Draft as to such player, and the rules applicable to a player who is subject to a Subsequent Draft will apply, or (ii) in the case of a player who was previously drafted in a Subsequent Draft, such player shall become a Rookie Free Agent at the end of such one-year period.

(g) Notice under this Section 5 shall be provided in writing by personal delivery or pre-paid certified, registered, or overnight mail sent to the Team’s principal address or principal office (as then listed in the NBA’s records), to the attention of the Team’s general manager.

http://nbpa.com/cba_articles/article-X.php#section5

This is article X, section 5. As far as I undertand it, the 3 year rule can't override this eligibility.

I'm going to say, Sheridan is mistaken.

What in particular are you referring to when you say he is mistaken?

From my understanding that the 3 year rule doesn't overwrite what is explained above in Article 10:

Quote
Rubio then could exercise his buyout (which remains the same in 2012 as it is in 2011: 1 million euros), come to America at age 21 and not be bound by the rookie scale. (Yes, there is a specific rule covering these situations. We've checked the details with the highest authorities and discovered a few caveats: Rubio's contract would have to be for a minimum of three years and a maximum of five, and the money that would be made available to him could be only from a team with salary-cap space, the mid-level exception, or a disabled player exception.)

What I find incorrect here is that he seems to be making some sort of assumption that the Timberwolves cannot sign Ricky to a rookie scale contract. What he explains above really only applies if the Timberwolves are under the cap for more than the rookie scale amount. Anyways, the Timberwolves still retain his draft rights, and they have 1 year to negotiate a contract with the Wolves.

So, the Wolves could make all their offseason moves, get over the cap, and sign Rubio to the rookie scale... for example.