MESA -200s for UAL...TOAST

[rene]

http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html
I understand what I typed. And I understand the ramifications of Chapter 7 vs Chapter 11.

I don't see how Chapter 11 could serve Mesa. Any BK gives Delta an immediate out of their service agreement, which Delta has been begging for. If Mesa goes into BK... it is not coming back out.

If you think Delta can cancel the contract simply because Mesa Files for Chapter 11 protection. You are absolutley wrong.

No BK judge would ever allow it. Mesa will have firm contacts for 39 - CRJ - 900's with Airways through 2012. 22 ERJ 145's With Delta through Oct 2012 and 30 CRJ- 700's through 2018. That is a very viable book $750 million of business to restructure and successfully emerge.

This is a long way from over.

 

[USCtrojan]

If it's part of the Contract, a BK Judge will have no choice or power. There are certain provisions in these contracts that allow termination....performance, money levels dropping below a certain level and I imagine bankruptcy as well.

Trojan

 

[RiddleEagle18]

If you think Delta can cancel the contract simply because Mesa Files for Chapter 11 protection. You are absolutley wrong.

really????

Direct quote from mesa 10k filing.

"The aggrement may be subject to early termination under various circumstances including:

If either Delta or we file for bankruptcy, reorginization or similiar action, or if either Delta or we make an assignment for the benefit of creditors"

Mesa 2008 10k page 8.

http://library.corporate-ir.net/lib...2B3-C69A-47A3-BFF6-E09FFCD90B52_mesa10k08.pdf

 

[USCtrojan]

really????

Direct quote from mesa 10k filing.

"The aggrement may be subject to early termination under various circumstances including:

If either Delta or we file for bankruptcy, reorginization or similiar action, or if either Delta or we make an assignment for the benefit of creditors"

Mesa 2008 10k page 8.

http://library.corporate-ir.net/lib...2B3-C69A-47A3-BFF6-E09FFCD90B52_mesa10k08.pdf[/QUOTE


Good Research.

Trojan

 

[79%N1]

really????

Direct quote from mesa 10k filing.

"The aggrement may be subject to early termination under various circumstances including:

If either Delta or we file for bankruptcy, reorginization or similiar action, or if either Delta or we make an assignment for the benefit of creditors"

Mesa 2008 10k page 8.

http://library.corporate-ir.net/lib...2B3-C69A-47A3-BFF6-E09FFCD90B52_mesa10k08.pdf

Ouch! Mr. Know-it-all must now remove foot from mouth!

 

[rene]

Can't Cancel

These clauses have not been enforcable in BK. They cannot cancel the contract in BK.

 

[rickair7777]

These clauses have not been enforcable in BK. They cannot cancel the contract in BK.

Sure they can. BK only gets you off the hook with your VENDORS and CREDITORS. It's a one-way street.

It cannot force your CUSTOMERS to keep using you...especially if their contract specifically lets them off the hook if you file BK. It's a reasonable contractual provision since a BK regional airline cannot be expected to maintain safety standards.

 

[rene]

Sorry, you are wrong. These provisions are not enforcable and have no connection whatsoever to safety standards. Many airlines have filed for BK protection very few have ever had safety issues.

Bottom line is this. IF Mesa files for BK they can restructure under the protection of the court. That same court will never allow Delta or any other customer to cancel the contract. This is a matter of law. It has already been tested is many courts. This clause is simply unenforcable.

Mesa will survive and flourish

 

[SEVEN]

Mesa will survive and flourish

No they won't. Delta doesn't want them and neither does United. Even if they are forced to continue a contract, it's over when the contract expires. Maybe Mesa can work out a deal to code-share with SWA.

 

[Speedtape]

UAL and Delta see the writing on the wall for Mesa. UAL is limiting exposure by canceling contracts, while Delta has moved them to the least important network hub to limit the impact on operations.

In May 2010, Mesa will have 63 spare airplanes:
CRJ 200 - 25 (they will have 33 spares, but 8 can be returned in April with significant lease return fees)
ERJ - 12
DHC8 - 6 (have 10, 4 can be returned on 4/30/10)
B1900 - 20

96 Airplanes will remain in revenue service:

CRJ 200 - 10 USAir
CRJ 700 - 20 UAL
CRJ 900 - 38 USAir
ERJ 145 - 22 Delta
DCH 8 - 6 USAir

As of June 30, Cash was 21M unrestricted and 14M restricted.

Mesa attempted to acquire 10 CRJ 700's for UAL, but was unable to obtain financing.

CRJ 700 - 20 UAL soon to be operated by a regional based in ATL

CRJ 900 - 38 USAir soon to be operated by a regional based in SLC and maybe ATL

ERJ 145 - 22 Delta soon to be going away