UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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) March 1, 2005
ATA Holdings Corp.
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(Exact Name of Registrant as Specified in Its Charter)
Indiana
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(State or Other Jurisdiction of Incorporation)
000-21642 35-1617970
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(Commission File Number) (IRS Employer Identification No.)
7337 West Washington Street
Indianapolis, Indiana 46231
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(Address of Principal Executive Offices) (Zip Code)
(317) 247-4000
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(Registrant's Telephone Number, Including Area Code)
Not Applicable
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(Former Name or Former Address, if Changed Since Last Report)
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):
|_| Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 8.01. Other Events.
On March 1, 2005, ATA Holdings Corp. (the "Company") filed the monthly
operating report for the period from January 1, 2005 through January 31, 2005
with the United States Bankruptcy Court for the Southern District of Indiana in
connection with the voluntary petitions for reorganization of the Company and
certain subsidiaries under Chapter 11 of Title 11 of the United States
Bankruptcy Code (Case No. 04-19866 (jointly administered)). A copy of the
monthly operating report is provided hereunder as Exhibit 99.
Item 9.01 Financial Statements and Exhibits.
(c) Exhibits
Exhibit Description
99 Monthly Operating Report of ATA Holdings Corp. for the period
January 1, 2005 through January 31, 2005
Certain of the information contained in this report should be considered
"forward-looking statements" within the meaning of the Private Securities
Litigation Reform Act of 1995 that reflect the Company's current views with
respect to certain current and future events and financial performance. Such
forward-looking statements are and will be, as the case may be, subject to many
risks, uncertainties and factors relating to the Company's operations and
business environments which may cause the actual results of the Company to be
materially different from any future results expressed or implied in such
forward-looking statements. Factors that could cause actual results to differ
materially from these forward-looking statements include, but are not limited
to, the following: the ability of the Company to continue as a going concern;
the ability of the Company to develop, prosecute, confirm and consummate one or
more plans of reorganization with respect to the Chapter 11 case; risks
associated with third parties seeking and obtaining bankruptcy court approval to
terminate or shorten the exclusivity period for the Company to propose and
confirm one or more plans of reorganization, for the appointment of a Chapter 11
trustee or to convert the case to a Chapter 7 case; the ability of the Company
to obtain and maintain normal terms with vendors and service providers; the
Company's ability to maintain contracts that are critical to its operations; the
potential adverse impact of the Chapter 11 case on the Company's liquidity or
results of operations; the ability of the Company to fund and execute its
business plan and to attract, motivate and/or retain key executives and
associates; the ability of the Company to attract and retain customers; demand
for transportation in the markets in which the companies operate; economic
conditions; the effects of any hostilities or act of war; labor costs; aviation
fuel costs; competitive pressures on pricing (particularly from lower-cost
competitors); weather conditions; government legislation and regulation; and
other risks and uncertainties set forth from time to time in the Company's
reports to the United States Securities and Exchange Commission.
2.
Similarly, these and other factors, including the terms of any
reorganization plan ultimately confirmed, can affect the value of the Company's
various pre-petition liabilities, common stock and/or other equity securities.
No assurance can be given as to what values, if any, will be ascribed in the
bankruptcy proceedings to each of these constituencies, and it is possible that
the Company will be restructured in a manner that will substantially reduce or
eliminate any remaining value. Accordingly, the Company urges that the
appropriate caution be exercised with respect to existing and future investments
in any of these liabilities and/or securities.
3.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
ATA HOLDINGS CORP.
Date: March 2, 2005 By: /s/ Brian T. Hunt
Name: Brian T. Hunt
Title: Senior Vice President & General Counsel