[MENTION=14]colton[/MENTION], reading back I realized I'm uncertain about this. IIRC, the old CBA disallowed an MLE for teams under the cap. It was something I thought was bull crap that favored large market, over the cap teams.I don't have time right now, but from everything I've read, a team has to renounce their MLE to sign with Bird Rights up to the cap. If they're still under after signing they have whatever room is left.
I'll find my old posts on this and update tomorrow.
CBAFAQ.com is unclear on this matter and I attempted to get clarity back when he had a weekly Q/A session online.
If a team is below the cap, then its Disabled Player, Bi-Annual, Mid-Level (either the Taxpayer or Non-Taxpayer Mid-Level, whichever applies to the team) and/or trade exceptions are added to their team salary, and the league treats the team as though they are over the cap1. This is to prevent a loophole, in a manner similar to free agent amounts (see question number 39). A team can't act like it's under the cap and sign free agents using cap room, and then use their Disabled Player, Bi-Annual, Mid-Level and/or trade exceptions. Consequently, the exceptions are added to their team salary (putting the team over the cap) if the team is under the cap and adding the exceptions puts them over the cap. If a team is already over the cap, then the exceptions are not added to their team salary. There would be no point in doing so, since there is no cap room for signing free agents.
I have read online that a team must renounce their MLE to use cap space for player cap holds with Bird Rights. This is consistent with the old CBA but I cannot find the source. [MENTION=133]GVC[/MENTION] do you have any input? Maybe we have to wait and find out. If Hill and Hayward are retained then the Jazz will most certainly attempt to use any non-taxpayer MLE (assuming they are below the apron).