Attached files
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) November 19, 2010
AirTran Holdings, Inc.
(Exact name of registrant as specified in its charter)
State of Incorporation: Nevada | ||
Commission file number: 1-15991 | I.R.S. Employer Identification No: 58-2189551 |
9955 AirTran Boulevard, Orlando, Florida 32827
(Address of principal executive offices) (Zip Code)
(407) 318-5600
(Registrants telephone number, including area code)
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)) |
Items to be Included in this Report
Item 5.02. | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers |
On November 19, 2010, AirTran Holdings, Inc. (the Company) entered into Amendment No. 1 (the Amendment) to the existing executive benefits agreements (the Agreement) with each of Steven A. Rossum, Executive Vice President and General Counsel; Arne G. Haak, Senior Vice President and Chief Financial Officer; and Alfred J. Smith, III, Senior Vice President and Secretary (collectively the Executives). Each Agreement was amended to make certain clarifications and changes respecting the provision of certain health and welfare benefits and travel benefits, including following a Change of Control as defined in the Agreement, and with respect to the termination of such benefits in the event the Executive obtains alternate employment with customary group health coverage and customary rates under a group health insurance plan. The Executives other compensation arrangements continue under the terms of their respective original Agreements, substantially as such Agreements were in effect prior to the Amendment. The form of Amendment and the form of Agreement are filed herewith as Exhibit 10.52 and 10.53, respectively, and incorporated herein by reference.
The Company has also entered into, effective as of November 19, 2010, the First Amendment (the First Amendment) to the Employee Retention Plan, dated as of September 26, 2010 (the Retention Plan) to change the date on which Officer Covered Employees receive the initial fifty percent (50%) of their Retention Bonus, as defined in the Retention Plan, from the Closing Date of the merger to the first business day following the ninetieth (90th) day after the Closing Date. The form of First Amendment is filed herewith as Exhibit 10.54 and the form of Retention Plan is attached as Exhibit A thereto, both of which are incorporated herein by reference.
Item 9.01. | Financial Statements and Exhibits. |
(d) | Exhibits. |
Exhibit |
Description | |
10.52 | Form of Amendment No. 1 to Executive Benefits Agreement, effective as of November 19, 2010 | |
10.53 | Form of Executive Benefits Agreement, effective as of February 1, 2008 | |
10.54 | Form of First Amendment to the Employee Retention Plan, effective as of November 19, 2010 with the form of Retention Plan included as Exhibit A thereto. |
Signature(s)
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.
AirTran Holdings, Inc. | ||||||
Date: November 19, 2010 | By: | /s/ Steven A. Rossum | ||||
Steven A. Rossum | ||||||
Executive Vice President and General Counsel |
Exhibit Index
Exhibit |
Description | |
10.52 | Amendment No. 1 to Executive Benefits Agreement, effective as of November 19, 2010 | |
10.53 | Form of Executive Benefits Agreement, effective as of February 1, 2008 | |
10.54 | Form of First Amendment to the Employee Retention Plan, effective as of November 19, 2010 with the form of Retention Plan included as Exhibit A thereto. |