Analysis: LSU Athletics’ Potential Creative Financing Plan

LSU football's Tiger Stadium at Night.
Tiger Stadium at Night. (LSU photo).

TODD HORNE COLUMN

Analyzing LSU Athletics’ Potential Creative Financing Plan

An unconfirmed $100 million media-revenue transaction would not be traditional private equity. It could be something more carefully engineered – and every bit as consequential.

Let us begin with what we know. Then let us separate it carefully from what we do not.

LSU Athletics is facing an unprecedented financial problem. Tiger Rag first reported in February that the athletic department projected a Fiscal Year 2026 deficit of between $25 million and $35 million.

That shortfall did not appear overnight, and it was not created by one new expense.

Its largest immediate culprits are the enormous dead-money obligations LSU created by firing coaches and replacing their staffs – most notably Brian Kelly's $54 million buyout, Matt McMahon's approximately $8 million buyout and the additional contractual obligations attached to members of their respective staffs.

LSU is paying tens of millions of dollars to coaches who no longer work here while simultaneously paying the coaches and staffs hired to replace them. Those costs have collided with the new $20.5 million athlete-revenue-sharing obligation, escalating salaries, an expanded football personnel operation, facility demands and LSU's insistence on remaining nationally competitive across a broad portfolio of sports.

Now comes an extraordinary, still-unconfirmed report about how LSU may intend to produce the cash needed to manage that collision.

JR Ball of Red Stick's Red Eye said Monday on Talk Louisiana that LSU has closed – or is preparing to close – a private investment fund that would provide more than $100 million upfront in exchange for an economic interest equal to approximately 10 percent of LSU's future media-rights revenue, primarily related to football.

Ball said LSU would have an opportunity to buy back that interest after five years. If LSU chose not to do so, the investors would continue participating in the revenue stream and could benefit from a substantially larger Southeastern Conference television contract in the future.

He also said the minimum investment was $100,000 and that the vehicle was aimed largely at people already operating within LSU's six-figure donor class.

Tiger Rag has not independently confirmed the transaction.

LSU has not publicly released a term sheet, definitive agreement, Board resolution, independent valuation or legal opinion explaining it. No public document presently identifies the fund manager, the investors, the precise revenue included, the duration of the participation or the price LSU would have to pay to recover the interest after five years.

Until those documents surface, every description must remain conditional.

But Ball's account is detailed enough to explain the structure LSU may be attempting to build – and why a seemingly technical distinction could determine whether the arrangement is a lawful sale of future revenue or an unauthorized pledge of public money.

THIS WOULD NOT BE PRIVATE EQUITY IN LSU ATHLETICS

LSU cannot sell stock in its athletic department because LSU Athletics is not a private company.

It is not an LLC. It is not a professional franchise. It is not a corporation with ownership shares available for purchase. LSU Athletics is part of a public university governed by the LSU Board of Supervisors.

Every dollar LSU receives and controls – including ticket revenue, sponsorship revenue, multimedia-rights payments and SEC distributions – is public money. Its private commercial origin does not change its public character once it belongs to LSU.

The same principle applies to LSU's valuable commercial rights before the money is collected. Its trademarks, media inventory, sponsorship categories, premium seating, venue access, naming rights and contractual revenue streams are public assets or public things of value.

LSU cannot simply hand any of them to a private investment firm. It cannot give investors ownership of the athletic department. It cannot casually pledge the state's credit. It cannot allow a fund to displace the public authority of the Board of Supervisors.

So, if Ball's information is accurate, LSU is not selling equity in LSU Athletics.

It may instead be attempting to sell a contractual participation in a portion of future revenue.

That sounds like a technical distinction. Legally, it could be the entire ballgame.

HOW LSU COULD TURN FUTURE REVENUE INTO CASH NOW

The mechanics are easier to understand than the terminology.

A separately organized private fund would collect money from investors. The fund would then pay LSU more than $100 million now in exchange for the right to receive an amount equal to roughly 10 percent of specified future media-related distributions.

The investors would not own ESPN's contract with the SEC. They would not own LSU football broadcasts. They would not own 10 percent of LSU Athletics.

Instead, LSU would promise that whenever it receives defined media revenue, the fund is entitled to a corresponding percentage of those receipts.

The documents might call the interest a revenue participation, a future-receipts purchase, a royalty participation or a media-revenue monetization. The label matters less than the economics.

LSU receives cash today. Investors receive a piece of LSU's media revenue tomorrow.

That is how LSU could obtain more than $100 million without publicly calling the transaction a loan and without selling ownership in the athletic department.

THE LEGAL THEORY: A SALE, NOT A LOAN

Louisiana law does not categorically forbid LSU from borrowing against future revenue. State law gives higher-education boards authority, under specified conditions, to borrow money and pledge fees, rents and revenues. Such borrowing must be conducted according to law and can require State Bond Commission approval.

That creates a problem for any private transaction designed to avoid the established public-finance process.

If a private fund gives LSU $100 million today and LSU is obligated to repay that amount plus a profit from future public revenue, the arrangement begins to look like debt.

Calling it an investment would not change that. Calling the return a participation rather than interest would not change that. Calling repayment a buyback would not change that if the buyback is mandatory.

LSU's lawyers would therefore need to argue that the fund is purchasing an actual economic interest in uncertain future revenue rather than lending LSU money.

For that argument to hold, investors must assume genuine risk.

If the media revenue rises dramatically, they could earn a substantial return. If it grows slowly, they earn less. If the defined revenue stream declines, changes materially or disappears, they could lose money.

LSU could not guarantee their principal, promise a minimum annual return or agree to replace missing media revenue with ticket income, sponsorship money or another public revenue source.

The more certain the investors' recovery becomes, the more the transaction resembles a loan secured by public money.

That brings us to the most important provision in the reported deal.

THE FIVE-YEAR BUYBACK IS THE HINGE

Ball reported that LSU may have an opportunity to buy back the investors' 10 percent interest after five years.

The exact wording of that provision may determine the transaction's legal character.

There is an enormous difference between LSU having the option to repurchase the interest and LSU being required to repurchase it – or investors having the right to force a repurchase.

If LSU alone holds the option, the structure could work this way: investors pay more than $100 million; they receive a defined percentage of revenue for at least five years; LSU then decides whether recovering that revenue stream is worth the contractual repurchase price.

If LSU exercises the option, it pays the agreed amount. If it declines, investors continue receiving their percentage and remain exposed to both the upside and downside of future media economics.

That is genuine investment risk.

But suppose the investors can demand their money back. Suppose LSU must repurchase the interest at the original amount plus a predetermined return. Suppose the agreement ends automatically once investors receive a particular multiple of their money. Suppose LSU guarantees annual payments regardless of actual media revenue.

Then the deal is functionally a loan, no matter what anyone calls it.

The buyback language is not a footnote. It may be the hinge upon which the entire transaction turns.

WHY THE NEXT SEC CONTRACT IS THE INVESTMENT THESIS

The reported pitch rests on a straightforward expectation: SEC media revenue will be worth considerably more in the future than it is today.

An investor who acquires a 10 percent participation in LSU's present media economics may receive a much larger return when the conference negotiates its next major television agreement.

That helps explain why LSU supporters might see the arrangement as both an investment and an act of institutional support. They would give LSU badly needed capital now. In return, they could participate in the future growth of college football's most valuable revenue stream.

It also explains why LSU must be extraordinarily careful.

A long-term interest in SEC media distributions could become vastly more valuable than today's projections suggest. A $100 million payment sounds enormous because it is enormous. It could provide immediate liquidity for revenue sharing, payroll, facilities and the financial consequences of rebuilding major programs.

But if LSU surrenders 10 percent of a rapidly appreciating revenue stream for decades, the university could ultimately transfer far more value than it receives.

The question is not only how much LSU gets today. It is how much LSU gives up tomorrow.

LSU CANNOT SELL PUBLIC VALUE ON FAITH

Louisiana's Constitution prohibits the state from donating public funds, credit, property or things of value to private persons or companies.

That does not prevent LSU from doing business with private entities. It requires LSU to receive real and reasonably equivalent value in return.

If LSU sells an interest in future media revenue, it must be able to demonstrate that the purchase price is fair.

That should require an independent valuation examining current SEC distributions, the remaining term of the existing television agreement, likely growth in the next contract, the length of the investors' participation, the five-year option, the repurchase price, conference-realignment risk and the present value of the revenue being transferred.

This cannot rest on donor enthusiasm or the assumption that everyone in the room wants to help LSU.

Major supporters can still receive an improper private benefit from a public transaction, even if they love the university.

Intent does not replace valuation. Friendship does not replace process. A room full of prominent donors does not convert public money into private money.

WHY TAF DOES NOT MAGICALLY SOLVE THE PROBLEM

The obvious assumption is that LSU would run the transaction through the Tiger Athletic Foundation.

TAF is a private nonprofit organization legally separate from LSU. It can raise private money, borrow in its own name, own subsidiaries and enter commercial agreements. It has historically financed LSU athletic facilities and monetized certain rights granted to it by LSU.

That makes TAF a natural vehicle for many public-private athletic projects.

But TAF cannot magically change the legal character of LSU revenue.

If LSU transfers media revenue – or the right to receive it – to TAF, the initial transfer still involves a public asset. LSU would still need legal authority, adequate consideration, enforceable obligations and a defensible valuation.

Records directly involving public funds do not necessarily become private merely because a foundation handles them.

Ball specifically suggested that the reported media-revenue arrangement is not presently being pursued through TAF or the LSU Foundation.

That would make sense if LSU is pursuing a narrower structure: a direct agreement with a separately created private fund purchasing a defined revenue participation.

TAF could still help identify investors, organize meetings or facilitate the process. It may simply not be the entity that buys, owns or pays for the revenue interest.

THE FUND CAN BE CLOSED EVEN IF LSU'S TRANSACTION IS NOT

Ball said he believes the fund has already closed.

That does not necessarily mean LSU has executed the final transaction or received the cash.

A private fund can close investor subscriptions before LSU signs the definitive agreement. Investors can commit capital subject to Board approval, legal review, confirmation of the revenue rights, an independent valuation and execution of final documents.

That may explain how officials can describe the investment vehicle as closed while no public LSU Board action has yet revealed a transaction of this magnitude.

It is also possible LSU believes the administration already possesses sufficient delegated authority to execute the agreement without a separately advertised vote.

If so, that position deserves scrutiny. A transaction involving more than $100 million and a potentially long-term claim on LSU media revenue should not be treated as ordinary contracting paperwork.

CASH IS NOT THE SAME AS REVENUE

Even if LSU receives more than $100 million upfront, the athletic department may not be able to recognize the entire amount as current operating revenue.

Government accounting distinguishes between receiving cash and earning revenue. A sale of future receipts may require LSU to recognize the proceeds over the period in which the future revenue is surrendered rather than count all of it in the year the money arrives.

LSU could therefore gain enormous liquidity without making the projected Fiscal Year 2026 deficit disappear on paper.

The cash could help LSU manage at least $62 million in reported head-coaching buyouts before even counting fired staff members. It could support revenue sharing, working capital, facilities and other obligations.

But cash flow and operating profitability are not the same thing.

Selling future revenue does not create new underlying revenue. It accelerates it.

That is why describing the proposal as an alternative revenue-generating opportunity may be incomplete if the transaction merely converts future income into present cash.

It may not create new money. It may move tomorrow's money into today.

THE PUBLIC DESERVES THE DOCUMENTS

None of this means the reported transaction is illegal.

A properly constructed, fairly valued, genuinely nonrecourse sale of a limited future-revenue interest could be legally defensible. Under the right terms, it might even be financially intelligent.

But the words under the right terms are doing enormous work.

The legality, fairness and wisdom of the arrangement cannot be determined from a private presentation, an invitation to selected donors or anonymous explanations from LSU officials and Board members.

They depend on the documents.

The public needs to see the identity of the fund and its manager; the revenue-participation agreement; the precise definition of media revenue; the duration of the investors' interest; the five-year repurchase language; the repurchase-price formula; any guaranteed payments, investor put rights or collateral; the independent valuation; the Board authorization; any State Bond Commission review; and LSU's accounting treatment.

Until those documents are produced, no one outside the transaction can responsibly declare it legal, illegal, brilliant or reckless.

But we can say this:

If the unconfirmed account is accurate, LSU is not merely asking wealthy supporters for donations. It is not simply borrowing from friendly boosters. And it is not selling ownership in LSU Athletics.

It may be attempting something more sophisticated – and potentially more consequential.

LSU may be selling investors a piece of its future to pay for the financial decisions of its recent past.

The cash could relieve an immediate crisis.

The price will be measured over decades.

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