The problem with that is NWA's scope isn't. Despite the DAL talking points, the NWA contract is binding on the holding company as well as NWA, irregardless of how the transaction occurs.
Additionally, orders AND options are locked in during any transaction. No snaking the 787s away.
Is that in Section 1B of your contract? I believe that section deals with the Joint Venture, Feeder Affiliates and when NWA is the "acquiring" airline.
Doesn't Section 1C of your contract deal with Successorship? I didn't see such a restriction in your successorship language. That doesn't mean it doesn't exist, just that I haven't seen it. Contract language can be hard to understand, so it's quite possible that you have that protection and I just haven't found it. Perhaps you could show us where it is? Here's what I've seen. Forgive the font.
C. [FONT=Times New Roman,Times New Roman]Successorship[/FONT]
C.1. [FONT=Times New Roman,Times New Roman]This Agreement shall be binding upon any [/FONT]Complete Transaction S[FONT=Times New Roman,Times New Roman]uccessor [/FONT]
For purposes of this Section 1 C., "Complete Transaction Successor" includes [FONT=Times New Roman,Times New Roman]but [/FONT]is [FONT=Times New Roman,Times New Roman]not limited to, any merged company or companies, purchaser, assign, assignee, transferee, administrator, receiver, executor and/or trustee [/FONT][FONT=Times New Roman,Times New Roman]of the Company resulting from any transaction that involves[/FONT]the t[FONT=Times New Roman,Times New Roman]ransfer (in a single transaction or in multi-step transactions) to such Successor of ownership and/or control of all or substantially all of the equity securities [/FONT][FONT=Times New Roman,Times New Roman]of the Company[/FONT][FONT=Times New Roman,Times New Roman], [/FONT]or all or substantially all of the [FONT=Times New Roman,Times New Roman]assets of the Company (hereinafter "Complete [/FONT]Successorship [FONT=Times New Roman,Times New Roman]Transaction") [/FONT]
C.1.a. [FONT=Times New Roman,Times New Roman]Such [/FONT]Complete Transaction [FONT=Times New Roman,Times New Roman]Successor shall employ the pilots on the Integrated Pilots System Seniority List in accordance with the provisions of this Agreement. [/FONT]
C.1.b. During a period of fenced operations the Company may engage in code sharing with the Complete Transaction Successor pursuant to Section 1 B.7.a.
C.2. Notice to Complete Transaction Successor [FONT=Times New Roman,Times New Roman]The Company agrees to give written notice of the terms of this Agreement to a proposed [/FONT]Complete Transaction [FONT=Times New Roman,Times New Roman]Successor before concluding any [/FONT]Complete[FONT=Times New Roman,Times New Roman]Successorship Transaction. The Company agrees that no agreement or other legally binding commitment involving a [/FONT]Complete [FONT=Times New Roman,Times New Roman]Successorship Transaction will be signed or otherwise entered into, unless it is agreed in writing as a material and irrevocable condition of entering into, concluding and implementing such transaction, that this Agreement and recognition of the Association is assumed by the [/FONT]Complete Transaction [FONT=Times New Roman,Times New Roman]Successor(s) and that the pilots on the Integrated Pilots System Seniority List will be employed by the [/FONT]Complete Transaction [FONT=Times New Roman,Times New Roman]Successor(s) in accordance with the provisions of this Agreement. The Company will provide the Association with the details of and material agreements related to any such transaction in a timely manner. The Association shall keep such information and documents confidential pursuant to a mutually agreeable confidentiality agreement, provided that such information and documents may be reviewed by its advisers and may be used in any proceeding brought to compel compliance with or seek remedy for violation of the provisions of this Section 1. [/FONT]
B.7.a. The Company may maintain, amend or extend Code Share Agreements with Domestic Air Carriers, including "Feeder Carriers" (defined in Section 1 B.7.c.(1)) in existence on the date of signing of this Agreement and enter into new Code Share Agreements with Domestic Air Carriers, including Feeder carriers, that permit such carriers other than Northwest Airlines, Inc. to use the Northwest Airlines, Inc. code designator (NW), on a single, dual or multiple designator basis, on one or more of its domestic flights subject to Section 1 B.7.b. For purposes of Section 1 B.7., "Domestic Air Carrier" means an Air Carrier as defined in 49 U.S.C. Section 40102(a)(2). Exception: The Company may place its NW code designator on the international flights of Continental Airlines and Delta Air Lines, as provided in Letter of Agreement 1998-09-01B and Letter of Agreement 2003-01-01A, respectively, for as long as they and the Company are members of the Sky Team Alliance (or any successor global alliance). In addition, if other Domestic Air Carriers are participants in a successor global alliance, the Company may place its NW code designator on the international flights of such carriers subject to similar restrictions as set forth Letter of Agreement 1998-09-01B and Letter of Agreement 2003-01-01A.[FONT=Times New Roman,Times New Roman]For purposes of Section 1 [/FONT][FONT=Wingdings,Wingdings]��[/FONT][FONT=Times New Roman,Times New Roman], a code share agreement shall be defined as an agreement where an airline other than Northwest Airlines, Inc. uses the Northwest Airlines, Inc. designator (NW) on a single, dual or multiple designator basis on one or more of its flights. [/FONT]
