JO tells Pacers he won't Opt Out, what does it mean?

[count55]

(I didn't see this situation addressed elsewhere, so...)

JO's people informed the Pacer he will not exercise his ETO. My basic question is whether this is binding now, or whether any action can be taken by JO/the Pacers to make it binding.

The ETO expires on June 30, which is four days after the draft. If this is just a non-binding statement of intent, then the Pacers are still stuck with the restriction of trading him before the next year of his contract is official. However, if there was some way that he could make that year official before then, the Pacers could begin negotiating and consummate a draft day deal.

Anybody have a definitive answer on this?

[lakerfan10770]

Not sure if this is applicable, but from Article XII, Section 7 of the CBA:

Section 7. Option Exercise Notices.
The NBA shall provide the Players Association with copies of any Option or ETO exercise or non-exercise notice received by the NBA within two (2) business days of the NBA

[Dunkenstein]

If his people have officially informed the Pacers in writing that he will not exercise his ETO, it is binding on both parties. If this is the case, he can be included in draft deals.

If this was just a verbal statement of intent, then the Pacers can't move him until July. Since an ETO requires a positive act by the player if he wants to opt out, if he wishes to remain a Pacer, Jermo isn't required to do anything and his 08-09 contract year automatically goes into effect July 1.