ANYTHING can be divested prior to 18 months from DOCC, unless something is agreed sooner that changes our Sec 1 language. However if it's not less than 51% of the total assets (including ground equipment, value of fuel contracts, gate leases, etc, which it wouldn't be if it's JUST the planes), then M/B still applies to the SWA integration.
This means that if we don't buy off on the deal that's currently on the table because the protections claimed in the AIP weren't realized, there are still options that have been available since the deal was inked back in May, that is GK can sell off portions of the fleet prior to integration.
What will get REALLY interesting is if GK decides to divest SWA of the 717's BEFORE arbitration. What happens when you buy and begin to integrate a carrier whereby M/B is triggered but then divest yourself of a significant number of the airframes? Complicating that is how do you figure out what to do with the pilots, since by our Sec 1 language, since the 717 represents the majority of the airframes currently on property (Wave, this addresses part of your earlier post as well), SWA is required to negotiate for SOME of the pilots to go with it (it's not specific on who gets/has to go), but we already have a requirement to integrate those pilots into SWA per M/B, so who goes and who stays and gets integrated with SWA?
What happens if GK does it POST-arbitration or even POST-agreement (if this things passes)? If the 717's are still being operated on the AAI side, then AAI's Sec 1 language is triggered BUT those pilots have SWA seniority numbers?
Talk about complicated... although if you could negotiate a relative seniority or even DoH integration for the pilots going to Delta, you might have to force fewer people over the partition than you think; a large number of pilots might choose DoH Delta over 30% sen loss / stapled to SWA, depending on whether they ever wanted to fly heavy metal international, which still may be a decade or so away for SWA.
It's enough to make your head spin.