FLYi, Inc. Files for Voluntary Chapter 11 Reorganization
November 07 2005 - 6:23AM
PR Newswire (US)
- Independence Air To Continue Flying And Serving Customers DULLES,
Va., Nov. 7 /PRNewswire-FirstCall/ -- FLYi, Inc., parent of
low-fare airline Independence Air, today announced that FLYi, Inc.
and its subsidiaries (the "company") including Independence Air,
have filed voluntary petitions for reorganization under Chapter 11
of the U.S. Bankruptcy Code in order to restructure the company's
aircraft leases and other obligations to achieve necessary cost
savings. (Logo:
http://www.newscom.com/cgi-bin/prnh/20031119/DCW018LOGO-a ) The
company also announced it will request court approval to engage in
a formal court-supervised auction process to seek outside
investor(s) or purchaser(s) it needs to continue its operations. If
the process is successful, it is expected to be concluded within
the next sixty days. Those who have expressed interest during
previous discussions, as well as new parties, will be invited to
present their bids. Bidders will be permitted to demonstrate their
interest in investing in the company, or to bid on all or portions
of the company's assets. The company currently anticipates that it
has the financial resources to fund its obligations-including the
payment of employee wages and benefits-during the process. As it
undertakes the auction process, Independence Air plans to continue
serving customers, and to continue its flight schedules in the
ordinary course of business. The company plans to honor
reservations and tickets on Independence Air and to allow its
1,000,000+ iCLUB(SM) members to continue to accrue and redeem
points on the airline with no restrictions. The company has no
plans to make any additional changes to its operating schedule or
route map of destinations at this time. Independence Air now offers
approximately 220 daily departures to 36 destinations. "After
careful consideration, we have concluded that a court-supervised
restructuring will allow us to complete our cost-savings
initiatives while seeking outside investors or purchasers, and
represents the best solution for Independence Air, our customers,
employees, creditors and the communities we serve," said Kerry
Skeen, Chairman and CEO of FLYi, Inc. He added, "Since the launch
of Independence Air almost 18 months ago, our employees have helped
us achieve a remarkable degree of customer service success and
brand recognition while operating in what has been described as the
most challenging economic environment in airline industry history,
including record high fuel prices and extreme revenue weakness.
These circumstances have prevented us-and virtually all U.S.
airlines-from meeting financial goals. We have already reduced
operating costs by undertaking a comprehensive operational
restructuring. We will continue that effort and move quickly to use
the tools of the Chapter 11 process to implement other changes that
will allow us to achieve an even more competitive cost structure to
make us more attractive to potential investors or purchasers." As
part of this cost-cutting effort, the company has announced it is
undertaking a process aimed at company-wide wage reductions. Taking
a leadership role, CEO Kerry Skeen has agreed to an immediate 25%
salary reduction on top of a 15% cut earlier this year. President
and Chief Operating Officer Tom Moore will take a 20% cut, on top
of an earlier 10% reduction. Management and other salaried
employees will be subject to an immediate 5% pay reduction. The
company has been engaging the leaders of its unionized work
groups-pilots, flight attendants and mechanics-in an effort to
enact changes to wage rates and work rules. It is anticipated that
an announcement on a tentative agreement with both the flight
attendants (AFA) and mechanics (AMFA) will be released shortly. Mr.
Skeen concluded, "We want to once again offer our sincere thanks to
the seven million passengers who have flown with us so far. Since
we launched last summer, we have built a brand that truly stands
for something -- a very different style of service -- and our
customers have been more than generous in their praise of our
people. As we work behind the scenes to address the company's
financial situation, we thank you for your continued support of
Independence Air at Washington Dulles and in all the communities we
serve. " In conjunction with today's filing, Independence Air filed
a variety of "first day motions" to help ensure a smooth transition
into the Chapter 11 reorganization case. During the auction
process, vendors, suppliers and other business partners will be
paid under normal terms for goods and services provided during the
reorganization. The company filed its petitions in the U.S.
Bankruptcy Court for the District of Delaware. The company's
petitions listed assets of approximately $378.5 million and
liabilities of approximately $455.4 million as of September 30,
2005. Unrestricted cash as of the day of filing is $24.0 million.
Miller Buckfire and Co., LLC and ENA Advisors have been retained as
the company's financial advisors and Jones Day has been retained as
restructuring counsel. Gibson Dunn & Crutcher LLP serves as the
company's corporate counsel. All FLYi, Inc. shareholders are
advised that the likely outcome of the company's Chapter 11 case is
the cancellation of the company's existing common stock without
consideration, in which case FLYi stock would have no value. FLYi
stock is highly speculative and the company urges investors to use
extreme caution in decisions about the stock. Independence Air
began low-fare service from its hub at Washington Dulles
International Airport on June 16, 2004, and has served over seven
million passengers to date. The company first began commercial air
service on December 15, 1989, and operated previously as Atlantic
Coast Airlines. Independence Air is the low-fare airline that makes
travel fast and easy for its customers with a customer first
attitude, innovative thinking and a willingness to challenge the
status quo. Independence Air, FLYi, the "i" logo mark, FLYi.com,
iCLUB and Tender Loving Service are service marks of Independence
Air, Inc. This press release contains forward-looking statements
and is made as of November 7, 2005, and the company undertakes no
obligation to update its disclosures, whether as a result of
developments in its efforts, or as a result of any other new
information, future events, changed expectations or otherwise,
prior to its next required filing with the Securities and Exchange
Commission. Such forward-looking statements are subject to risks,
uncertainties, assumptions and other factors that may cause the
actual results of the company to be materially different from those
reflected in such forward-looking statements. Such risks and
uncertainties include, among others: the ability of the company to
continue as a going concern; factors that could impact the
company's ability to complete a court-supervised auction process
that is necessary for the company to continue operations, including
the ability to attract potential investors or acquirers through the
court-supervised auction process, to obtain favorable bids from
such potential investors or acquirers and to reach definitive
agreement with one or more potential investors or with a potential
acquirer and to obtain requisite court approval for any such
agreement; the action of the company's debt holders and other
creditors to the company's bankruptcy proceeding and to the
company's auction process; factors that could affect the company's
ability to maintain operations during its bankruptcy proceeding,
including the reaction of customers, suppliers and competitors to
the company's bankruptcy proceeding; the ability to obtain improved
wage rates and work rules with the company's unionized work groups;
the ability to maintain and improve yield with a reduced network
reflected in the company's current flight schedule; the ability to
successfully obtain revised terms from lessors for aircraft the
company intends to continue operating; the ability to manage
inventory to maximize yield; the effects of high fuel prices on the
company's costs, and the availability of fuel; the ability to
adjust operations, realize on internal or external sources of
liquidity or otherwise address the company's financial obligations;
the costs of returning aircraft and related records to lessors for
aircraft that are rejected by the company; the ability to
successfully hire, train and retain employees; the seasonality of
air travel; and general economic and industry conditions, any of
which may impact Independence Air or the company, its aircraft
manufacturers and its other suppliers in ways that the company is
not currently able to predict. Certain of these and other risk
factors are more fully disclosed under "Management's Discussion and
Analysis of Financial Condition and Results of Operations", "Risk
Factors Affecting the Company", and "Risk Factors Affecting the
Airline Industry" in the company's Form 10-K/A for the year ended
December 31, 2004 and Form 10-Q for the quarter ended June 30,
2005. http://www.newscom.com/cgi-bin/prnh/20031119/DCW018LOGO-a
http://photoarchive.ap.org/ DATASOURCE: FLYi, Inc. CONTACT: Rick
DeLisi for FLYi, Inc., Director, Corporate Communications,
+1-703-650-6019 Web site: http://www.flyi.com/
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