0000876661-20-000445.txt : 20200527
0000876661-20-000445.hdr.sgml : 20200527
20200527152953
ACCESSION NUMBER: 0000876661-20-000445
CONFORMED SUBMISSION TYPE: 25-NSE
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20200527
DATE AS OF CHANGE: 20200527
EFFECTIVENESS DATE: 20200527
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: Avianca Holdings S.A.
CENTRAL INDEX KEY: 0001575969
STANDARD INDUSTRIAL CLASSIFICATION: AIR TRANSPORTATION, SCHEDULED [4512]
IRS NUMBER: 000000000
STATE OF INCORPORATION: R1
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 25-NSE
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36142
FILM NUMBER: 20915067
BUSINESS ADDRESS:
STREET 1: AVENIDA CALLE 26 #59 - 15
CITY: BOGOTA
STATE: F8
ZIP: NONE
BUSINESS PHONE: 57 1 587-7700
MAIL ADDRESS:
STREET 1: AVENIDA CALLE 26 #59 - 15
CITY: BOGOTA
STATE: F8
ZIP: NONE
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE LLC
CENTRAL INDEX KEY: 0000876661
IRS NUMBER: 000000000
STATE OF INCORPORATION: NY
FILING VALUES:
FORM TYPE: 25-NSE
BUSINESS ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
BUSINESS PHONE: 212-656-2060
MAIL ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
FORMER COMPANY:
FORMER CONFORMED NAME: NEW YORK STOCK EXCHANGE INC
DATE OF NAME CHANGE: 19910628
25-NSE
1
primary_doc.xml
X0203
0000876661
NEW YORK STOCK EXCHANGE LLC
0001575969
Avianca Holdings S.A.
001-36142
AV CALLE 26 N. 59 -15 EDIFICIO AVIANCA
Bogota
+57 (1) 295 6765
American Depositary Shares, representing Preferred shares, par value $0.125
17 CFR 240.12d2-2(b)
Jonathan Martin
Manager, Market Watch and Proxy Compliance
2020-05-27
EX-99.25
2
ruleprovisionnotice.htm
NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
The New York Stock Exchange ('NYSE' or the 'Exchange') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the entire class of the American Depositary Shares, representing Preferred shares, par value $0.125 ('American Depositary Shares') of Avianca Holdings S.A. (the 'Company') from listing and registration on the Exchange at the opening of business on June 8, 2020, pursuant to the provisions of Rule 12d2-2(b) because, in the opinion of the Exchange, the American Depositary Shares are no longer suitable for continued listing and trading on the Exchange.
The Exchange reached its decision that the Company is no longer suitable for listing pursuant to Listed Company Manual (the 'Manual') Section 802.01D after the Company's May 10, 2020 disclosure that it has filed voluntary petitions under Chapter 11 of the United States Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York. Section 802.01D of the Manual states that the Exchange would normally give consideration to suspending or removing from the list a security of a company when 'an intent to file under any of the sections of the bankruptcy law has been announced or a filing has been made or liquidation has been authorized and the company is committed to proceed'.
The Exchange, on May 11, 2020, determined that the American Depositary Shares of the Company should be suspended from trading, and directed the preparation and filing with the Commission of this application for the removal of the American Depositary Shares from listing and registration on the Exchange. The Company was notified by phone and letter on May 11, 2020.
Pursuant to the above authorization, on May 11, 2020, a press release regarding the delisting was issued and posted on the Exchange's website and trading in the American Depositary Shares was suspended prior to market open.
The Company had a right to appeal to a Committee of the Board of Directors of the Exchange (the 'Committee') the determination to delist the American Depositary Shares, provided that it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of the delisting determination. The Company did not file such request within the specified time period. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.