-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, BdgZOiTgsn1bOw6FR9lwdOZcpqMvIKN/bXk4x0z9oKep9E1Ym32CZR7gU+0RRt55 z4TK8EOks2vmCvqC9wmNrg== 0000950129-07-004924.txt : 20071015 0000950129-07-004924.hdr.sgml : 20071015 20071015130219 ACCESSION NUMBER: 0000950129-07-004924 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071015 ITEM INFORMATION: Bankruptcy or Receivership ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20071015 DATE AS OF CHANGE: 20071015 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KITTY HAWK INC CENTRAL INDEX KEY: 0000932110 STANDARD INDUSTRIAL CLASSIFICATION: AIR TRANSPORTATION, NONSCHEDULED [4522] IRS NUMBER: 752564006 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32284 FILM NUMBER: 071171444 BUSINESS ADDRESS: STREET 1: P O BOX 612787 STREET 2: 1515 W 20TH ST CITY: DALLAS/FT WORTH INTN STATE: TX ZIP: 75261 BUSINESS PHONE: 9724562200 MAIL ADDRESS: STREET 1: P O BOX 612787 STREET 2: 1515 W 20TH ST CITY: DALLAS/FT WORTH INTN STATE: TX ZIP: 75261 8-K 1 h50526e8vk.htm FORM 8-K - CURRENT REPORT e8vk
 

 
 
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): October 15, 2007
Kitty Hawk, Inc.
(Exact name of registrant as specified in its charter)
         
Delaware   0001-32284   75-2564006
(State or other jurisdiction of
incorporation)
  (Commission File Number)
File Number)
  (IRS Employer Identification No.)
     
1515 West 20th Street
P.O. Box 612787
DFW International Airport,
Texas
  75261
(Address of principal executive offices)   (Zip Code)
Registrant’s telephone number, including area code: (972) 456-2200
NOT APPLICABLE
(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:
o      Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o      Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o      Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o      Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 


 

Item 1.03 Bankruptcy or Receivership.
     On October 15, 2007, Kitty Hawk, Inc. and all of its wholly-owned subsidiaries filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the Northern District of Texas, Fort Worth Division. The Court has jurisdiction over this proceeding as of the date of the filing of the petitions. The Company will continue to operate its business as a “debtor-in-possession” under the jurisdiction of the Court and in accordance with the applicable provisions of the Bankruptcy Code and orders of the Court. The filing is part of the Company’s efforts to address financial challenges and identify a strategic or financial investor.
     A copy of the press release announcing the filings is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
     (d) Exhibits.
     
Exhibit Number   Description
 
   
Exhibit 99.1
  Press release, dated October 15, 2007, regarding the Company’s filings under the Bankruptcy Code.

 


 

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.
         
  KITTY HAWK, INC.
 
 
Date: October 15, 2007  By:   /s/ Steven E. Markhoff    
    Name:   Steven E. Markhoff   
    Title:   Corporate Secretary   
 

 


 

EXHIBIT INDEX
     
Exhibit Number   Description
 
   
Exhibit 99.1
  Press release, dated October 15, 2007, regarding the Company’s filings under the Bankruptcy Code.

 

EX-99.1 2 h50526exv99w1.htm PRESS RELEASE exv99w1
 

Exhibit 99.1
For Immediate Release
Contact:
Steven Markhoff
Kitty Hawk, Inc.
972-456-2328
Kitty Hawk, Inc. and Its Subsidiaries to Restructure Operations
    Kitty Hawk Secures DIP Financing
 
    All Air and Ground Networks Open for Business as Usual — i.e. No Change in Service
 
    Will fund operations, including employee salaries and benefits, owner-operators and post-petition vendor payments during the reorganization process
Dallas, Texas, October 15, 2007 — Kitty Hawk, Inc. (AMEX: KHK) and all of its wholly-owned subsidiaries Kitty Hawk Cargo, Inc., Kitty Hawk Ground, Inc., Kitty Hawk Aircargo, Inc. and KH Ground, Inc. (collectively, the “Company”) filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code. The filing, which was made in U.S. Bankruptcy Court for the Northern District of Texas, Fort Worth Division, is part of the Company’s efforts to address financial challenges and identify a strategic or financial investor.
In addition, the Company filed a variety of “first day motions” to support its employees, vendors, customers and other stakeholders; to obtain interim financing authority and maintain existing cash management programs; to retain legal and other professionals; to support the Company’s reorganization case; and for other relief.
Kitty Hawk has taken this action after determining that reorganizing under Chapter 11 is in the best long-term interests of the Company, its employees, customers, creditors, business partners and other stakeholders. During this process, the Company intends to:
    Operate all of its air and ground networks and conduct business as usual
 
    Pay critical vendors and owner-operator contractors
 
    Pay “post-petition” vendors, suppliers and other business partners for goods and services provided
 
    Continue to pay employees’ wages and salaries, offering the same medical, dental, life insurance, disability and other benefits
 
    Continue its efforts to address financial challenges through a restructuring transaction

 


 

About Kitty Hawk, Inc.
www.kittyhawkcompanies.com
 
A recognized leader in customer service, Kitty Hawk is the premier provider of guaranteed, mission-critical, overnight air, second-morning air and expedited ground freight transportation with door to door delivery options to major business centers, international freight gateways and surrounding communities throughout North America, including: Alaska; Hawaii; Toronto and Vancouver, Canada; and Puerto Rico. Kitty Hawk’s scheduled freight network and award-winning guaranteed overnight air or expedited ground products are ideal for heavy-weight (over 150 lbs.) high-value or high-security freight, special goods with unique dimensions, perishables, animals and/or other shipments requiring special handling. With more than 30 years experience in the aviation and air freight industries, Kitty Hawk plays a key connecting role in the global supply chain. Kitty Hawk serves the logistics needs of more than 1,000 freight forwarders, integrated carriers, domestic and international airlines and logistics companies with its extensive integrated air and ground network, fleet of reliable Boeing 737-300SF and 727-200 cargo aircraft, as well as a 240,000 square-foot cargo warehouse, U.S. Customs clearance and sort facility at its Fort Wayne, Indiana hub. Kitty Hawk launched its coast-to-coast and border-to-border expedited ground network in late 2005 and, through its wholly-owned subsidiary, Kitty Hawk Ground, acquired the majority of the assets of Air Container Transport (ACT), the dominant expedited airport-to-airport freight trucking company operating primarily along the West Coast, from southwestern Canada to San Diego.
Statement under the Private Securities Litigation Reform Act:
This report may contain forward-looking statements that are intended to be subject to the safe harbor protection provided by Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements relate to future events or future financial and operating performance and involve known and unknown risks and uncertainties that may cause actual results or performance to be materially different from those indicated by any forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “forecast,” “may,” “will,” “could,” “should,” “expect,” “intends,” “plan,” “believe,” “potential” or other similar words indicating future events or contingencies. Some of the things that could cause actual results to differ from expectations are: economic conditions; the impact of high fuel prices; our inability to successfully reorganize pursuant to Chapter 11 of the Bankruptcy Code; our inability to successfully implement and operate our expanded scheduled airport-to-airport expedited ground freight network; failure of key suppliers and vendors to perform; our inability to attract sufficient customers at economical prices for our air network or ground network; unforeseen increases in liquidity and working capital requirements related to our air and ground network; potential competitive responses from other operators of nationwide airport-to-airport ground freight networks; the continued impact of terrorist attacks, global instability and potential U.S. military involvement; the Company’s significant lease obligations and indebtedness; the competitive environment and other trends in the Company’s industry; changes in laws and regulations; changes in the Company’s operating costs including fuel; changes in the Company’s business plans; interest rates and the availability of financing; limitations upon financial and operating flexibility due to the terms of our revolving facility; liability and other claims asserted against the Company; labor disputes; the Company’s ability to attract and retain qualified personnel; and inflation. For a discussion of these and other risk factors, see the Company’s most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q filed with the Securities and Exchange Commission. All of the forward-looking statements are qualified in their entirety by reference to the risk factors discussed therein. These risk factors may not be exhaustive. The Company operates in a continually changing business environment, and new risk factors emerge from time to time. Management cannot predict such new risk factors, nor can it assess the impact, if any, of such new risk factors on the Company’s business or events described in any forward-looking statements. The Company disclaims any obligation to publicly update or revise any forward-looking statements after the date of this release to conform them to actual results.

 

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