Oldie:
Oldie said: “If another chapter 11 is attempted, prepackaged or not, RSA stands a huge probability of losing control of this airline. Not only that, but their stock becomes worthless too. The only way thay MIGHT recoup some of thier money would be to again offer DIP financing, some would say, throwing good money after bad.â€
USA320Pilot: The intent of the pre-packaged bankruptcy would be to keep cash levels high, preserve the current equity and ownership, and continue to pay the guaranteed loans. That’s one of the topics being discussed with the ATSB. If US Airways requires additional DIP financing, the airline could be in real trouble.
The question is will the ATSB permit the loan guarantee terms to be re-negotiated or will they pull the plug like they did at United Airlines?
The company would like to enter a quick Chapter 11, which could be as little as 120 days, and finish what they did not do in the first filing because Dave Siegel wanted to exit bankruptcy as fast as possible to complete a corporate transaction with United Airlines, as Dow Jones accurately pointed out. RSA publicly said they would finance such a deal, and we have all read David Bronner’s comments in the press about RSA’s involvement, but the Iraqi War and SARS ended before United defaulted on their DIP requirements.
Nonetheless, that’s history now. If the company enters bankruptcy, US Airways wants to keep the current stock in place and if necessary, issue RSA more shares.
The financial issues are being headed by the Seabury Group and FTI Consulting with bankruptcy legal specialists from the law firm of Arnold and Porter working on the filing, if necessary.
The lease targets will be airports like Buffalo, Cleveland, St. Louis, and other airports who have excess gates, and maybe even Charlotte and the maintenance hangar too, in addition to Pittsburgh facilities that have already been rejected.
It’s entirely possible the company is currently working on S.1113 and S.1114 motions with Arnold and Porter for any union who does not participate in the “Transformation Planâ€, which is likely why management keeps telling employees throughout the system that “the airline will not fail if any labor group does not participate in the Transformation Plan.â€
Let's hope a filing does not occur later this year because as Bruce Lakefield told the SEC this week, the company "could run out of steam."
Respectfully,
USA320Pilot