UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): MAY 29, 2008
MESA AIR GROUP, INC.
(Exact name of registrant as specified in its charter)
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| Nevada
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000-15495
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85-0302351 |
(State or other jurisdiction
of incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.) |
410 North 44th Street, Suite 100
Phoenix, Arizona, 85008
(Address of Principal Executive Offices)
(Zip Code)
Registrant’s telephone number, including area code: (602) 685-4000
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see General Instruction
A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
TABLE OF CONTENTS
Item 8.01 Other Events.
On May 29, 2008, Mesa Air Group, Inc. (the “Company”) issued a press release announcing that
the Company won a preliminary injunction in Federal Court in Atlanta enjoining Delta Air Lines
(“Delta”) from terminating its Connection Agreement with the Company, and the Company’s
wholly-owned subsidiary, Freedom Airlines, Inc. (“Freedom”) (the “Connection Agreement”). The
ruling was issued earlier today by the United States District Court for the Northern District of
Georgia (the “District Court”).
The Company had previously reported that on March 28, 2008, Delta had notified the Company of
its intent to terminate the Connection Agreement. The Connection Agreement includes, among other
arrangements, the Company’s agreement to operate 34 model ERJ-145 regional jets leased by the
Company utilizing Delta’s name. In fiscal 2007, the Connection Agreement accounted for
approximately 20% of the Company’s 2007 total revenues. Delta sought to terminate the Connection
Agreement as a result of Freedom’s alleged failure to maintain a specified completion rate with
respect to its ERJ-145 Delta Connection flights during three months of the six-month period ended
February 2008.
On April 7, 2008, the Company filed a lawsuit against Delta alleging breach of the Connection
Agreement and seeking specific performance by Delta of its obligations thereunder. On May 9, 2008,
the Company filed a motion for a preliminary injunction in the District Court against
Delta to prevent its wrongful termination of the Delta Connection Agreement. The hearing for this
matter commenced on May 27, 2008 and ended earlier today following the District Court’s ruling in
favor of the Company.
The full text of the Company’s press release is attached hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits
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| Exhibit No. |
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Description |
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99.1 |
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Press release regarding Injunction victory in Delta litigation, dated May 29, 2008 |