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OST-2007-28087 - ABX Air - Disclaimer of Jurisdiction
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ABX Air, Inc. OST-2007-28087 - Disclaimer of Jurisdiction April 27, 2007 Application for a Disclaimer of Jurisdiction ABX Air, Inc. hereby requests the Department of Transportation disclaim jurisdiction over the transfer of the certificates of public convenience and necessity and other operating authority issued to ABX to facilitate the formation by ABX of a holding company. Once the reorganization is completed, ABX will be the wholly-owned subsidiary of ABX Holdings, Inc. ABX hopes to complete the formation of the holding company to coincide with its annual stockholders' meeting scheduled for May 9, 2007. Accordingly, ABX respectfully requests that the Department issue the necessary disclaimer of jurisdiction on or before May 8, 2007. To this end, counsel for ABX intends to poll each of the parties listed on the attached certificate of service and report the results to the Department as soon as possible to enable DOT to act promptly on this request. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3304, rsilverberg@sgbdc.com
May 2, 2007 Counsel for ABX Air, Inc. has polled each of the carriers served with the Application of ABX Air, Inc. for a Disclaimer of Jurisdiction filed in the above-referenced Docket on April 27, 2007 and hereby reports that the Application is unopposed. Accordingly, ABX respectfully requests that the Department act on the Application on or before May 8, 2007 so that ABX may announce the receipt of DOT approval of its corporate reorganization at its annual stockholders' meeting to be held on May 9, 2007. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300
Order 2007-6-18 Issued and Served June 29, 2007 Order Disclaiming Jurisdiction We have examined the information provided by ABX in support of its request for a disclaimer of jurisdiction and conclude that the corporate reorganization proposed by ABX is not a transfer within the meaning of section 41105 of the Transportation Code. In reaching this conclusion, we find that the proposed corporate reorganization will have no effect on the ownership, control, management, citizenship, financial condition, or operations of the air carrier. Therefore, in light of the foregoing, we have decided to grant ABX’s request for a disclaimer of jurisdiction over the proposed reorganization of ABX. We orally advised ABX of this decision on May 25, 2007. By: Todd Homan |
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