37 . Upon information and belief, the MWC, its Commissioner, and individual directors
other than Dr. Tromp, agteed and conspired to negotiate terms ofthe CBS/Fox agreement, failed
to obtain Boise State's consent and, to its detriment, voted (1) in favor of the agreement, and (2)
in favor of terminating the Re-Entry Agreement Amendment's $1.8 million bonus, thereby
violating the MWC's contractual obligations to Boise State.

ln fact, two directors voted against any additional distribution to Boise State in the second vote, even for the six years of the CBSffox
agreement.