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Updated: Monday, February 2, 2004 8:28 AM

OST-03-16626 - Midway Airlines and Ascent Airlines - Transfer of Operating Authority

Midway Airlines Corporation and Ascent Airlines, Inc.

OST-03-16626 - Transfer of Operating Authority

December 3, 2003

Emergency Application for Approval of the Transfer of Operating Authority

Midway is currently in Chapter 7 under the Bankruptcy Code. Ascent and Midway have entered into an agreement pursuant to which Ascent will acquire substantially all of the assets of Midway related to Midway's commercial airline operations, including midway's DOT and FAA operating authority. Ascent will operate Canadair Regional Jet service for US Airways using the trade name "US Airways Express" pursuant to a Regional Jet Service Agreement between US Airways and Ascent. During the first 12 months of operations, Ascent plans to utilize a fleet of 12 CRJ aircraft. As demonstrated below, Ascent is fit, willing and able to engage in interstate scheduled air transportation of persons, property and mail.

Ascent intends to commence service as soon as possible in January 2004, providing commuter feeder services with 50‑seat CRJs pursuant to a fee­for‑service regional jet service agreement with US Airways. The regional jet service agreement will be the centerpiece of Ascent's business plan. Ascent will be based at Raleigh/Durham, N.C. During the first twelve months of operations, Ascent will utilize a fleet of 12 CRJs. Ascent intends to assume Midway's existing aircraft lease and purchase agreements.

Exhibit 1: Key Management Personnel of Ascent
Exhibit 2: Ascent Ownership Information
Exhibit 3: Financial Information
Exhibit 4: Certification

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060


December 3, 2003

Motion for Confidential Treatment

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060


OST-03-16626 - Approval of the Transfer of Operating Authority

January 9, 2004

Withdrawal of Emergency Application for Approval of The Transfer of Operating Authority

The Midway Bankruptcy Court approved the sale of Midway's Assets to another entity.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060


Midway Airlines Corporation and Ascent Airlines, Inc.

Order 04-1-16
OST-03-16626 - Approval of the Transfer of Operating Authority

Issued January 22, 2004 | Served January 27, 2004

Order Dismissing Application

On January 9, 2004, Midway and Ascent advised us that they were withdrawing their application due to the Midway Bankruptcy Court having approved the sale of Midway's assets to another entity. In light of the above, we have decided to dismiss the transfer application of Midway and Ascent in Docket OST‑03‑16626 without prejudice.

By: Randall Bennett

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