"WHEREAS, on September 26 , 2010, Southwest Airlines Co. (“Southwest”) and AirTran
Holdings, Inc., parent company of AirTran Airways, Inc. (together “AirTran”) entered
into an Agreement and Plan of Merger (“Merger Agreement”); and
WHEREAS, under the Merger Agreement, effective on the Merger Closing Date,
Southwest – through a series of simultaneous transactions - will acquire all of the stock of
AirTran and AirTran will become a wholly-owned direct subsidiary of Southwest,
conditioned on approval of the shareholders of AirTran, receipt of regulatory clearance, and customary closing conditions; and
WHEREAS, the McCaskill-Bond Act provides that in the event of a transaction between
air carriers in which one air carrier acquires fifty (50) percent or more of the stock of
another air carrier in a transaction for the combination of multiple air carriers into a
single air carrier, the seniority lists of the employees of the air carriers shall be integrated pursuant to the provisions set out in Sections 3 and 13 of the CAB’s decision in Allegheny-Mohawk, 59 CAB 22 (1972); "...............
silly little thing that said 50% or more of the stock triggered the MB