This is all how I understand it as it was explained to me.
The reason we "gave up", which we really didnt because our scope language is remaining intact, is two fold.
First is that none of the lawyers that we consulted with thought that if we took it to court we would win. The reason being is that they could not see a judge forcing our contract(not our whole contract but our one section) on multiple work groups across multiple lines. They did not think the judge would force an integration of all the various work groups-pilots, FA's, MX, DX, etc... That is the main reason.
The second, and this one is a bit more fuzzy for me, is that apparently we were reading the successorship section wrong and that it really did not have to do with if we were bought, but if we created another airline, ala gojet, and the company tried to do what TSA did and "create" another holding company to hold "ExpressJet Holdings" and "XYZ Holdings" thus keeping the pilot groups separate.
The third reason, and this is my own thought process, is that our management and BOD has proven that they have zero interest in running an airline any longer. If we forced the issue and SKW pulled out of the deal it would be 6-12 months before we declared BK, SKW came in as our DIP, asked the BK judge to remove the successorship section, bought us for half price(or less), we would have almost no leverage to get a decent contract or even be merged with ASA for that matter. Now if things were to go down like this, who knows, but its just my opinion of how things could progress had we stood firm and burned the place down.