iGB Affiliate 72 Dec/Jan 2019 | Page 47

INSIGHT CATENA’S US HOKEY COKEY Unfortunate timing in Italy and the reset of earnouts payable on its US assets is indicative of many more twists ahead for affiliate consolidator Catena Media, writes Scott Longley FLEXIBILITY IS A GOOD TRAIT to have in business and Catena Media can fairly say it has that attribute in spades judging by the announcements it has made since it bought the NJPlay assets back in December 2016. At the time, the deal was structured so that the vendors received $15m (£11.7m) upfront, 25% of which would be paid with shares. There was also an additional earnout of up to $45m, which would be based on the revenue performance over the subsequent three years. These terms applied to the online casino and poker affiliate sites then operating in New Jersey and Nevada. Redoing the deal But the deal came with a kicker related to the potential for further states to regulate online involving a “range of assets” (including some esports and DFS titles) whereby the vendors would receive 50% of net profit going forward, with a series of put and call options in place for Catena to gain full control after three years. The purchase price for these “The new terms will see all earnings between 1 November this year and 31 October next included in the earnout, with a third earnout payment due afterwards of up to $45m” additional assets was set at 2.5 to 3 times the net profit generated by the assets in the 12 months previous to the exercising of the options. This, remember, was against a backdrop of DFS being somewhat on the wane. That buyout price was reasonable and both sides were likely happy. The arrangements stood for just over a year – until February 2018, in fact, when, as we all know, there were already rumours that PASPA was in trouble in front of the Supreme Court. With the prospect of the US opening up to US sports, and with the vendors controlling various websites aimed at just such a potential market, the two sides came to a new understanding. This involved a rejigging of the earnout plus a new structure for the put/call options on the additional assets. It restricted the original earnout potential significantly, from $34.5m to iGB Affiliate Issue 72 DEC 2018 / JAN 2019 43