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ATA gets court OK for Southwest Airlines' stock transaction stalking horse bid
By Jennifer Lanning Drey
Portland, Ore., Dec. 2 - ATA Airlines, Inc. obtained court approval to name Southwest Airlines Co. as the stalking horse bidder in connection with the proposed sale of ATA's business, according to a source familiar with the case.
The approval came Tuesday from the U.S. Bankruptcy Court for the Southern District of Indiana.
As previously reported, Southwest's bid calls for a stock transaction sale to be completed under ATA's plan of reorganization.
Specifically, Southwest will purchase 100% of the common stock issued by reorganized ATA in exchange for $7.5 million.
Southwest's proposal requires ATA to file a plan of reorganization based on the sale terms by Dec. 5, to obtain court approval of the disclosure statement by Jan. 6 and to secure a plan confirmation order by March 2.
If ATA chooses an alternate transaction, ATA will pay Southwest a 5% break-up fee and reimburse up to $250,000 of its expenses.
ATA, an Indianapolis-based airline, filed for bankruptcy on April 2, 2008. Its Chapter 11 case number is 08-03675.
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