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Airtran To Take YX To Court  
User currently offlineHeavyMx1 From United States of America, joined Jun 2003, 305 posts, RR: 1
Posted (7 years 9 months 1 week 5 days 18 hours ago) and read 7834 times:

http://pressroom.airtran.com/phoenix...wsArticle&ID=953126&highlight=

AirTran Seeks Court Order to Compel Midwest to Release Shareholder List Following Midwest's Refusal to Comply with State Statute
- New York Supreme Court Orders Midwest to Show Cause for Why It Should Not Release Midwest Shareholder List to AirTran -

ORLANDO, Fla., Jan. 23 /PRNewswire-FirstCall/ -- AirTran Holdings, Inc. (NYSE: AAI), the parent company of AirTran Airways, said today that the management of Midwest Air Group Inc. (Amex: MEH) is attempting to thwart AirTran from communicating directly with the Midwest shareholders about its offer to merge the two airlines by refusing to comply with a New York State Law (Section 1315 of the Business Corporation Law), which requires Midwest to release its shareholder list to AirTran. As a result, AirTran has asked that the New York State Supreme Court direct Midwest to show cause as to why it does not have to comply with the New York Law. The Court has set a hearing on the action for January 30, 2007, at 11:00 AM.

AirTran said it is disappointed that Midwest is attempting to block AirTran from communicating with Midwest shareholders. AirTran is concerned that this is consistent with a pattern of intransigence in which the Midwest management and board has failed to provide transparency about the benefits of the merger to its shareholders, employees and the communities it serves since AirTran first presented its offer to Midwest on October 20, 2006. Midwest management has also refused to meet directly with AirTran in order to explore the benefits that such a merger could bring to the Midwest stakeholders.

AirTran, having taken its proposal directly to the Midwest owners by initiating an exchange offer, is urging shareholders to question why Midwest's management continues to restrict the flow of information to its owners if it is so confident that its independent standalone plan would deliver more value to the Midwest shareholders than the AirTran proposal.

AirTran also noted that just this morning a well respected airline financial analyst from Calyon Securities commented, "We believe Midwest faces an uncertain future as a stand-alone carrier" noting its years of losses and its limited ability to modernize and expand and the serious threat posed by an "invigorated Northwest Airlines" refocusing its attention on Milwaukee. Midwest's shareholders have a right to demand more from the Company than defensive legal maneuvering to interfere with the free flow of critical information.

"As owners of the airline, Midwest shareholders have a right to full and complete information about AirTran's $13.25 exchange offer, which represents a premium of 61% over the thirty day average closing price of Midwest common stock at the time of AirTran's October 20, 2006, proposal and an approximately 46 percent premium over the closing price on the December 13, 2006, date that AirTran disclosed its October 20, 2006, offer. The offer also offers shareholders a stake in a combined airline that will be stronger and more competitive. The two airlines have complementary routes and fleets, with the potential to grow at an expedited rate and generate an estimated $60 million in annual revenue synergies. AirTran strongly believes this is a level of growth that far exceeds what Midwest can accomplish under its standalone plan and that Midwest's standalone plan leaves the company exceedingly vulnerable to competition to the detriment of its shareholders, employees and the Milwaukee community," AirTran said.

"While we believe it is unfortunate that AirTran has been forced to bring this matter to a court of law, we intend to pursue this matter expeditiously as it is imperative that the Midwest shareholders be given the right to review AirTran's offer and choose for themselves the best course of action for their company," the company concluded.

Shareholder questions regarding the exchange offer or requests for offering materials should be directed to Innisfree M&A Incorporated at (877) 456-3422. (Banks and Brokers may call collect at (212) 750-5833.) Offering materials are also available on the SEC's website at http://www.sec.gov. Midwest shareholders are urged to read the offering materials filed by AirTran, which contain important information about the exchange offer.

-----------------------------------------------------------------

I guess this is being pursued in NY because of the NYSE.

[Edited 2007-01-23 20:18:17]


I am better than you because I live on an Island
127 replies: All unread, showing first 25:
 
User currently offlineAirTran737 From United States of America, joined Apr 2004, 3705 posts, RR: 12
Reply 1, posted (7 years 9 months 1 week 5 days 18 hours ago) and read 7816 times:
Support Airliners.net - become a First Class Member!

This is going to get nasty, and it's going to get nasty fast.



filler



Nice Trip Report!!! Great Pics, thanks for posting!!!! B747Forever
User currently offlineFlyorski From United States of America, joined Dec 2004, 995 posts, RR: 1
Reply 2, posted (7 years 9 months 1 week 5 days 18 hours ago) and read 7797 times:

Hate to say it, but Bye Midwest........

We will miss you.....



"None are more hopelessly enslaved, than those who falsly believe they are free" -Goethe
User currently offlineJpetekYXMD80 From United States of America, joined Jul 2003, 4390 posts, RR: 27
Reply 3, posted (7 years 9 months 1 week 5 days 18 hours ago) and read 7781 times:

Quoting Flyorski (Reply 2):
Hate to say it, but Bye Midwest........

And what would make you say that?



The Best Care in the Air, 1984-2009
User currently offlineVivavegas From United States of America, joined Apr 2004, 505 posts, RR: 1
Reply 4, posted (7 years 9 months 1 week 5 days 18 hours ago) and read 7795 times:

Amusing the "Adsense" ads on this page features one for -

"Keep Midwest My Midwest
Keep AirTran out of the Midwest cookie jar!
www.keepmidwestmymidwest.com"

Who would be funding these ads? Hmmm....

Craig
MKE



MKE / EYW / LAS - The true trifecta of aviation!
User currently offlineQuickmover From United States of America, joined Mar 2004, 2494 posts, RR: 0
Reply 5, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7721 times:

I wonder if going to court would be enough to trigger the poison pill. FL will only pay so much. Does anyone know if once the poison pill is triggered, if it can be reversed?

User currently offlineHeavyMx1 From United States of America, joined Jun 2003, 305 posts, RR: 1
Reply 6, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7686 times:

Quoting Quickmover (Reply 5):
wonder if going to court would be enough to trigger the poison pill.

The poison pill would not go into effect until FL obtained a certain amount of YX shares. The court action should not have any bearing on it.



I am better than you because I live on an Island
User currently offlineQuickmover From United States of America, joined Mar 2004, 2494 posts, RR: 0
Reply 7, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7677 times:

Just speculation here, but if FL needs a shareholder list, they must not feel confident about having a controling number of YX shares yet.

User currently offlineRumorboy From United States of America, joined Aug 2002, 356 posts, RR: 1
Reply 8, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7655 times:

I just don't get it. If YX is so confident that their business plan is superior to Airtran's why not release the info. Let the shareholders decide. Sounds like some ego's are starting to get in the way. Not good for either side. Besides all Airtran is asking is to talk to the shareholders. Nothing more.

User currently offlineMikey711MN From United States of America, joined Nov 2003, 1400 posts, RR: 8
Reply 9, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7655 times:

Quoting AirTran737 (Reply 1):
This is going to get nasty, and it's going to get nasty fast.

It's not already?

It's certainly one thing to question another's plan, but it's entirely another to accuse another of deliberate withholding of information of said plan for people to make prudent decisions.

Yikes!
-Mike



I plan on living forever. So far, so good...
User currently offlineHeavyMx1 From United States of America, joined Jun 2003, 305 posts, RR: 1
Reply 10, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7628 times:

Quoting Mikey711MN (Reply 9):
It's certainly one thing to question another's plan, but it's entirely another to accuse another of deliberate withholding of information of said plan for people to make prudent decisions.

If YX is obligated to disclose this info and havent, they are deliberatly withholding information. If thats they case I dont see any "nastiness" on FL behalf, rather I see it coming from YX. But we shall not know until it goes to court so all this is just speculation for now.



I am better than you because I live on an Island
User currently offlineERJ170 From United States of America, joined Apr 2004, 6778 posts, RR: 17
Reply 11, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7602 times:

To me, if AirTran really wanted to prove that they were going to sacrafice MKE, they would have already started adding flights to MKE.. to some of those destiantions that they stated they would start.. but they have done nothing.. and this just seems like a sort of temper tantrum because Midwest hasn't just bowed to them and sold out.

I'm not saying if it's a good thing or a bad thing, but the best way to prove to someone that you mean what you say.. is to go ahead and do what it is that you say.. so far, AirTran is a bunch of talk and not much action..

But that's just my opinion and take it with a grain of salt if you want..



Aiming High and going far..
User currently offlineMSYtristar From , joined Dec 1969, posts, RR:
Reply 12, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7559 times:

ERJ170, not to get off topic, but one of those cities on your "now seeking" list will be in the schedules during the first week of February.  Wink

User currently offlineHeavyMx1 From United States of America, joined Jun 2003, 305 posts, RR: 1
Reply 13, posted (7 years 9 months 1 week 5 days 17 hours ago) and read 7560 times:

Quoting ERJ170 (Reply 11):
I'm not saying if it's a good thing or a bad thing, but the best way to prove to someone that you mean what you say.. is to go ahead and do what it is that you say.. so far, AirTran is a bunch of talk and not much action..

Why would FL take on the added expense of doing that, Thats why they want YX because they are already establised there.



I am better than you because I live on an Island
User currently offlineERJ170 From United States of America, joined Apr 2004, 6778 posts, RR: 17
Reply 14, posted (7 years 9 months 1 week 5 days 16 hours ago) and read 7550 times:

Quoting HeavyMx1 (Reply 13):
Why would FL take on the added expense of doing that,

Maybe I'm confused, but I thought that was one of their selling points.. that they were going to add service. I think they need to be proactive to convince the Board that they actually mean what they say..

But maybe I'm just a bit off and don't understand things.. could be the case.. no smart @ss comments, please..  Smile



Aiming High and going far..
User currently offlineCorsair2 From United States of America, joined Jan 2001, 248 posts, RR: 0
Reply 15, posted (7 years 9 months 1 week 5 days 16 hours ago) and read 7504 times:

1. There is no need for an additional 60 737s to be flying out of either MKE or MCI. If there were demand, they (YX) would have done it years ago since they know these markets best. Midwest has a much more realistic 10% per annum growth plan. YX is not a low fare airline that wants to be everything to everyone.
2. AirTran's stock has been steadily falling over the last year below the S&P 500 average and that of the entire airline industry. Their profit on the east coast in being eroded by competition from Southwest and JetBlue and FL is in trouble - the stockholder's know this and would prefer YX stock over FL stock.
3. What does a New York Law have to do with Midwest or AirTran given that both of these businesses are not incorporated in the State of New York?



"We have clearance Clarence. Roger, Roger. What's our vector Victor?"
User currently offlineJetJeanes From United States of America, joined Oct 2004, 1431 posts, RR: 1
Reply 16, posted (7 years 9 months 1 week 5 days 16 hours ago) and read 7495 times:

Take the planes, and run to Stl


i can see for 80 miles
User currently offlineMikey711MN From United States of America, joined Nov 2003, 1400 posts, RR: 8
Reply 17, posted (7 years 9 months 1 week 5 days 16 hours ago) and read 7476 times:

Quoting Corsair2 (Reply 15):
YX is not a low fare airline that wants to be everything to everyone.

I disagree. That is, this statement used to be true. The level of service was a first class seat with a hot meal served with china. Of course, I understand that market forces have religated the diminishing of this service, but my point is the inconsistency that now exists:

* first class seats (Signature Service)
* 328 RJ service (current Midwest Connect RJ operation)
* 1900 prop service (current Midwest Connect prop operation)
* coach class seats (Saver Service)
* CRJ service (new SkyWest RJ operation)

Not all things to all people? Again, I disagree. And it's diluting what's made YX special.

-Mike



I plan on living forever. So far, so good...
User currently offlineMainland From United States of America, joined Jun 2004, 309 posts, RR: 0
Reply 18, posted (7 years 9 months 1 week 5 days 16 hours ago) and read 7455 times:

Quoting Corsair2 (Reply 15):
3. What does a New York Law have to do with Midwest or AirTran given that both of these businesses are not incorporated in the State of New York?

I'd imagine they're exploiting the law on the basis that there are shareholders in New York....but I'm no lawyer.



You don't need a passport to know what state you're in...
User currently offlineSteeler83 From United States of America, joined Feb 2006, 9238 posts, RR: 21
Reply 19, posted (7 years 9 months 1 week 5 days 16 hours ago) and read 7398 times:

Quoting Mikey711MN (Reply 17):
The level of service was a first class seat with a hot meal served with china. Of course, I understand that market forces have religated the diminishing of this service, but my point is the inconsistency that now exists:

* first class seats (Signature Service)
* 328 RJ service (current Midwest Connect RJ operation)
* 1900 prop service (current Midwest Connect prop operation)
* coach class seats (Saver Service)
* CRJ service (new SkyWest RJ operation)

Not all things to all people? Again, I disagree. And it's diluting what's made YX special.

Yeah, all of that will vanish as we know it. If this diabolical disgraceful thing goes through, this will be another airline I vow never to fly...  no  no  no 

Long live Midwest Airlines!  yes  yes  yes 

If it goes through, remind me to buy a PIT-MCI-PIT routing very quickly so that I can experience my one and only experience on signature service before it's gone for good!



Do not bring stranger girt into your room. The stranger girt is dangerous, it will hurt your life.
User currently offlineJetJeanes From United States of America, joined Oct 2004, 1431 posts, RR: 1
Reply 20, posted (7 years 9 months 1 week 5 days 16 hours ago) and read 7393 times:

328 RJ service (current Midwest Connect RJ operation)
* 1900 prop service (current Midwest Connect prop operation

These will more than likely be tossed out,as this doesnt fit Fl,s mold



i can see for 80 miles
User currently offlineMikey711MN From United States of America, joined Nov 2003, 1400 posts, RR: 8
Reply 21, posted (7 years 9 months 1 week 5 days 15 hours ago) and read 7353 times:

Quoting Steeler83 (Reply 19):
Yeah, all of that will vanish as we know it

You're right. It will be replaced with a consistent, albeit arguably lower, level of service. Except the cookies will apparently stay and be served to all post-merged-airline passengers. Consistently.

Quoting JetJeanes (Reply 20):
These will more than likely be tossed out,as this doesnt fit Fl,s mold

They have commented publicly that some semblance of Midwest Connect will remain. However, I personally interpret that as a removal of those planes and the service therein (not to mention the SkyWest CRJs) and a reinvention of a connection service with new planes, i.e. "70 seat aircraft". [quoting Joe]

-Mike



I plan on living forever. So far, so good...
User currently offlineJBo From Sweden, joined Jan 2005, 2363 posts, RR: 0
Reply 22, posted (7 years 9 months 1 week 5 days 15 hours ago) and read 7331 times:

Quoting Mikey711MN (Reply 17):
* first class seats (Signature Service)
* 328 RJ service (current Midwest Connect RJ operation)
* 1900 prop service (current Midwest Connect prop operation)
* coach class seats (Saver Service)
* CRJ service (new SkyWest RJ operation)

1900 prop service has been in place feeding Midwest operations since 1989 ... 5 years into the company's existence.

How does that dilute the product?

328JET service began in 1999.

How does that dilute the product?

You speak as though YX used to be nothing more than first class seats throughout the cabin and nothing else beyond that, and that all the points you list were recent changes within the past few years. The regional operation has always been an integral part of Midwest, ever since Mesa began operating the first 1900Cs under the Skyway name.

The ONLY "recent" change was the introduction of Saver service. Furthermore, the only differences between all of the above is the cabin atmosphere. The level of cabin service on all YX aircraft is at the same high standard across the board (at least on the jets, the 1900 of course lacks any form of cabin service). Just because two airlines operate the CRJ on a regional route does not make them equal. It's the people taking care of you in the air and on the ground that make the difference.

What makes YX special is NOT just the big cushy seats, it's also the customer service both in the air and on the ground - hence "The Best Care in the Air." Granted every airline has their bad apples, but nearly everyone I've encountered whose flown Midwest has never said our service was any worse than any other airline.

That altogether is what makes YX special, my friend.

Now, off the tangent...

I too am confused about the whole New York thing ... I too assume it's because of AirTran being listed on the NYSE and YX on the AMEX.

Can anyone confirm that?



I'd take the awe of understanding over the awe of ignorance any day.
User currently offlineMSYtristar From , joined Dec 1969, posts, RR:
Reply 23, posted (7 years 9 months 1 week 5 days 15 hours ago) and read 7296 times:

Quoting Mikey711MN (Reply 21):
Except the cookies will apparently stay and be served to all post-merged-airline passengers.

Not on the 737's.


User currently offlineGigneil From United States of America, joined Nov 2002, 16347 posts, RR: 85
Reply 24, posted (7 years 9 months 1 week 5 days 15 hours ago) and read 7296 times:

Quoting Corsair2 (Reply 15):
3. What does a New York Law have to do with Midwest or AirTran given that both of these businesses are not incorporated in the State of New York?

As a public company, you have to comply with the state laws of every state where you do business.

NS


25 Post contains links Mainland : Pardon the length of this post -- quoting directly from NY State Business Corporation Law Section 1315: "S 1315. Record of shareholders. (a) Any resid
26 Rumorboy : Cookies will be served on ALL aircraft. Ovens will be fitted on the ones that do not have one.
27 MSYtristar : Well that's good news. I thought they weren't going to install the ovens on the 73's. You learn something new everyday.
28 Knope2001 : Where did you hear that? How many million will that cost considering all their 737's and many of their 717's don't have ovens? Do the 737's need bigg
29 Sideflare75 : It seems this only applies to a foreign corporation unless I am not reading it correctly. I know Wisconsin is not New York but it isn't foreign. Or i
30 Knope2001 : Very well-said JBo. The CRJ's are an almost freakish fixation by some that Midwest's level of service is going down the tubes. Of course none of us h
31 Mainland : I believe for the sake of the document a "foreign corporation" is any business/corporation incorporated in any state other than New York.
32 Max999 : Since both airlines has operations in the State of New York, they must abide by all laws of the state.
33 Sideflare75 : Ok thanks. Who wrote that a laywer?
34 B757capt : See you guys aren't getting it. I understand that if you work for, or would miss midwest you might be worried. So your worring turns into a nasty tal
35 Sideflare75 : Sure they say that but how can it be? Why would they? They would be duplicating jobs they already have. Joe also said in one of his interviews when a
36 JBo : Something I'm all too familiar with ... both being stuck here at work late at night because the flight is being held for inbound connects, and also o
37 Post contains images JpetekYXMD80 : Thank you AirTran for being so kind!!! What a joke of a comment.
38 Boeing7E7 : Prove it. Ref Reno Air: Signed, American Airlines
39 N917ME : LOL, do you realize how much that will cost???!!!! HA!!! I see you have been drinking the FL Kool-Aid. What make you think that FL will keep Midwest
40 Post contains images Deltadude8 : Which logo do you like more? or I'm going to make bumper stickers...if you want one let me know...
41 Mainland : Amazing how, seemingly, a post on the Yahoo! message board of all places suddenly becomes the end all word. A Yahoo! board where, on the whole, thing
42 JetJeanes : We are talking billions of dollars here and Airtran is not concerned about a bag of cookies on an airplane. Joe Leonard could care less about a silly
43 TVNWZ : FL is very aware of who the controlling stockholders of YX are. If they do not, then they do not have very capable financial people. That in itself wo
44 PlanesNTrains : I like Knopes analysis on the things that make Midwest different. Some of it seems arguable, but in the end, I believe that is why they have been succ
45 JetJeanes : First Class on Airtran is not bad. Plenty of legroom ,Xm radio,and they do throw snacks out. Domestically I prefer then to Dal F/c just because of xm,
46 Post contains images JBo : No slam against your design skills, but neither. How about this:
47 Cubsrule : My reading of the statute is that FL doesn't have standing to sue here. They aren't a NY corporation, so they aren't a resident of NY. If that's the c
48 Post contains links Wjcandee : Sometimes, you just need a lawyer... "Foreign Corporation" means one that is incorporated somewhere other than New York. Midwest Airlines, Inc. is inc
49 Knope2001 : Something that may or may not be meainingful regarding the Beech 1900's and the EAS markets. When you go to Midwest's web site and try to book a tick
50 JBo : Interesting. I'll have to check that out on our computers tonight.
51 N917ME : I just did ESC-SEA 02Apr in Sabre and is is available for sale, actually thay all are. Remember Saturday and Sunday are limited operations.
52 Cubsrule : How do N.Y. judges generally feel about this sort of horse shit? FL has the letter of the law on its side, but it's pretty clear how sneaky they are
53 Knope2001 : Hmmm...interesting You guys who work with the company probably don't use the booking tool much on the website (don't have to!) but when you shop by p
54 SBN580 : Prove it. Signed, Former TWA employees nixed by AA
55 Gigneil : It isn't sneaky. They want to take over a company, and they're going directly to the courts to enable their action. NS
56 AirTran717 : I'd say that if they have a court date for next week, AirTran did EXACTLY as they said they would do. Hmm? I flew for them for 8 years. I never knew
57 B737700doctor : Agree 100% I got in trouble last week on here because my anger got the best of me. But all I am saying, to all the midwest people on here, is that Ai
58 SkyexRamper : It'll be interesting to see just how fast Timmy runs and hides.
59 AirTran717 : The nature of the beast in this industry is expansion and growth via mergers and buyouts. Not everyone on both ends of a merger make out ok, in as muc
60 Acey559 : Is the state of Wisconsin willing to do anything to fight this? My GSC at American Eagle used to work in MKE and she said that if YX ever got in troub
61 N917ME : Naaahh, I think when YX announces the financials on the 25th, the shareholders will be pleased with the results. I also firmly believe that MEH will
62 Post contains images SkyexRamper : Really??? Because I remember reading news articles from UA saying that 50 or lower seat RJs don't make dollar sense. Now how could the original airli
63 Corsair2 : Being a stockholder in YX, I have access to the offer that AirTran has so kindly tendered. In the risks section, they have outlined the risks of havin
64 Corsair2 : " target=_blank>http://appsext8.dos.state.ny.us/corp...age=0 According to AirTran's stockholder prospectus, AirTran is a Nevada corporation. Don't ask
65 HeavyMx1 : It could also be condstrued as "desperate looking " move by YX, trying to thwart off FL's attemp by illegally withholding information. But we will no
66 Rumorboy : Those risk factors are in all SEC filings on all aircraft at every airline on the planet earth that is a public company. Nothing new there. I've noti
67 Corsair2 : They have already come up with their own plan for growth and profitability (which is much more realistic). The addition of twelve new routes, the use
68 Mainland : A shareholder list won't mean much to AirTran unless they get the board at Midwest to waive the poison pill and the effect of the Wisconsin state laws
69 SkyexRamper : I highly dought that, this might have been what YX needed to boost it's stock prices back up in the direction of what they use to be.
70 PHLBOS : FL, like any other carrier, had the chance to order more 717s (at least the -200s) in the not-too-distant past. Heck, if all FL wanted was more 717s,
71 Cubsrule : What SEC rules have been broken? Sure it is. They've set up a shell corporation with no purpose other than try to get this list out of YX. That's all
72 Sideflare75 : It's not a SEC rule it is a NY state law. Also didn't Midwest say that they sent the offer to all the shareholders and that AirTran paid the postage?
73 AirTran717 : Actually, he may appear desperate for the 717, and I don't keep that much on the particulars that much anymore being that I am no longer with FL, but
74 SkyexRamper : I sure never got the letter if they did. FL went to the shareholders after the BOD rejected the idea. YX is trying to block shareholders from express
75 Sllevin : FL clearly wants to get public pressure on their side. I suspect that a lot of current shareholders -- at least at the individual level -- would have
76 AirTran717 : But THEIR money pays his salary. So I see his motivation. Self preservation.
77 SkyexRamper : That is all he cares about, himself, employees are last in line.
78 MidEx216 : What am I missing? With are either airline worrying about NEW YORK state law?
79 Mikey711MN : I personally believe that YX would've ordered the stretched version in a heartbeat if it had more range. That would've made YX mainline a single-flee
80 Sideflare75 : It was in the paper this morning that YX sent the offer to the shareholders. How is YX trying to block the shareholders from expressing their opinion
81 Corsair2 : As a shareholder in YX, I think they (YX) are being quite professional about the whole deal. Reading the stockholder prospectus on the proposed merger
82 Sideflare75 : Read reply 48. It explains the law and how AirTran made up a new company called AirTran NY to be able to take advantage of it.
83 AirTran717 : Actually, Boeing straight-up told us that the stretch version would have seriously hampered the fuel consumption of the 717. That was the main reason
84 Post contains links Vivavegas : http://biz.yahoo.com/prnews/070124/nyw144.html?.v=83 Second letter just posted: January 24, 2007 Dear Midwest Shareholder, We recently sent you inform
85 AirTran717 : That's a bit of a stretch. If they were hurting that badly, they wouldn't be trying to make a hostile takeover. I understand that this is your opinio
86 Cubsrule : FL has set up a shell company called AirTran LLC in N.Y. to try to force YX to comply with N.Y. state law. It's a sham, and I suspect the courts will
87 AirTran717 : That's what the courts are for. Leave that determination to them.
88 Sideflare75 : Why not? They are trying to buy the company for next to nothing. It will not cost them all that much in cash up front to finish this deal. It is funn
89 Indy : In my opinion this is bad PR for FL and will make this move more difficult.
90 AirTran717 : Stating the obvious. And it's a 50/50 deal here... one will win and one will lose. Again, stating the obvious. It's always going to be in one's favor
91 AirTran717 : And it's good PR for YX to purposefully block information from its shareholders?
92 AirTran717 : Hey, I know... FL could just pay YX to stay in business as long as they don't service any cities that FL does... and it could work like Monopoly. If Y
93 MidEx216 : Can anything be done about that? Which is to say, can the courts dismiss it because the of the fact that they just said it up for that reason, or sin
94 Post contains images Corsair2 : FL has already gone to institutional shareholders (banks and such) to try to make their case. They collectively own 49% of the outstanding stock. Thes
95 N917ME : YX closed almost 2.00 higher than FL today.
96 Sideflare75 : They didn't block anything. They just did not give them the list.
97 N917ME : However UA still uses 50 seat RJ's, so they can't be that bad. Just because FL failed at making the RJ work (can't sell 29.00 fares on a RJ and expec
98 N917ME : If you were a shareholder and someone wanted the list containing your name address and other information, be it AirTran or some sham company asking f
99 SkyexRamper : Well yes their costs are higher because in order for a company to make money and provide great service it is going to cost them money. Good things ar
100 Wjcandee : Airtran *Holdings* may be a Nevada corporation. It is the parent of Airways. But Airways is a Delaware corp.
101 N917ME : Exactly what MEH is doing with OO.
102 Cubsrule : Fine, direct me to the SEC regulation that YOU THINK YX has violated. I still guarantee that there isn't one. I really have no idea. It would probabl
103 Wjcandee : The seminal case on this seems to be Crane v. Anaconda Corp, in which NY State's highest court expressly found that a shareholder had a right under t
104 Cubsrule : I guess the only defense YX might have would be if there is something elsewhere in N.Y. law about corporations set up for no purpose other than to ho
105 Post contains links RJ : Some of you asked, so here it is: Rule 14d-5 -- Dissemination of Certain Tender Offers by the Use of Stockholder Lists and Security Position Listings
106 Post contains images SkyexRamper : Please read the law in the url above, thanks and have a nice day!
107 Post contains images Jibblets : I'm curious. Did you take your own advice and read the law cited? The URL lists a section from the Federal Securities Exchange Act of 1934. AirTran's
108 Wjcandee : Midwest is registered to do business in New York. It is accordingly subject to the jurisdiction of New York courts. Judge Freedman has a lot of optio
109 N917me : And that applies to Midwest how?? FL is stating YX is not complying with NY STATE LAW, not the SEC. So Please Have a nice day! [
110 AirTran717 : You say tomato, I say tomahto. Same thing.
111 N917ME : To: All Midwest and Skyway Airlines Employees Date: January 25, 2007 From: Timothy E. Hoeksema Subject: Board Rejects AirTran's Unsolicited Exchange O
112 AirTran717 : The court date previously discussed in this post was scheduled for this morning, was it not? Wondering how this announcement affects the outcome of th
113 N917ME : I believe the court hearing is scheduled for January 30th.
114 Sideflare75 : While I respect your opinion isn't this whole thing based on future possibilities. AirTran says Midwest will not be able to go it alone and has state
115 Post contains images Jibblets : That makes perfect sense, if I had thought about the legal ramifications instead of trying to be cute. Thanks for the info. An interesting point. The
116 Rumorboy : bottom line is Airtran has to pony up more money to get this deal done. 157 million in cash plus 677 million in sales in 2006. Although YX market cap
117 AirTran717 : We'll just have to see how it plays out. I know Joe Leonard. If he wants it bad enough, he'll get it. I don't see him backing out this easily. And, I
118 Cubsrule : Why does Joe want YX so badly? I am yet to figure that out.
119 AirTran717 : [quote=Cubsrule,reply=118]Why does Joe want YX so badly? I am yet to figure that out. Why does US want DL so badly? Why does any airline want to buy a
120 N908AW : You mean just like how US said it wouldn't remove any cities if it hooked up with DL?
121 Corsair2 : I have been wondering why FL's COO Robert Fornaro has been selling his shares steadily since August of 2006. He has sold 60,000 shares since. Also Joe
122 Knope2001 : In more than one of their SEC-filed documents there have been statements, sometimes just as asterisk-points in small intalicized print, saying things
123 TVNWZ : Makes you wonder who may not make it....
124 LCFreeman49 : I am 36 years old. I have lived through the ending of the Viet Nam war, through Jimmy carters Administration, the Iranian Hostage situation, Frank Lor
125 Wjcandee : It's been this way much longer than you think. It just comes in waves. Go rent "Wall Street", the anti-Wall-Street movie starring Michael Douglas. It
126 Sideflare75 : So any news on the decision? Today is the 30th. I couldn't find anything.
127 DeltaDAWG : Hostile takeovers have long been a apart of the airline industry. It's not something new, just goes in cycles. You know it and I know that the US air
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