2 The Controlling shareholder: The Airline Group

What they wanted from the deal

Achieved

Comments

To avoid NATS going into administration or other drifting situations, raising attendant uncertainties and risks to airlines' flight operations in and out of UK airspace

Yes

The likely outcome of administration being reversion to public sector ownership, with loss of the assured investment programme, and less prospect of improved working practices

To avoid part ownership of NATS by a new investor that would not share their "not for commercial return" ethos

Yes

 

To maintain their operational control of NATS, [and enhance technical and operational skills on the board]

Yes

The Airline Group still has a majority on the NATS board

To avoid having to make a further investment in NATS to match the Government's, during a difficult climate for airlines

Yes

 

To avoid the seven member airlines having impairment of the carrying value of their existing investments in NATS

Largely, Yes

Five of the seven airlines have not written down this investment

What the other parties wanted them to contribute to the deal [Which parties]

Conceded

Comments

Originally, to contribute a greater cash injection to NATS than was implied by their remaining shareholding

No

 

To continue the £30 million interim loan facility to NATS, pending agreement on the restructuring [ALL]

Yes

As Banks. [Neither facility was actually used]

An additional investment of £65 million in NATS on equivalent terms to the new investor, BAA plc [ALL]

Yes

Increased from the £50m initially offered

Tolerating dilution of their pre-existing equity stake in NATS, which ranks behind the new loan stock investment from BAA and HMG [BAA plc]

Yes

 

Tolerating dilution of their Board influence to the limited extent that the number of directors has increased to 15 from 13 to accommodate BAA plc [BAA and the Airline Group]

Yes

All three Partnership directors still retain their various vetoes and inspection rights. The Airline Group could outvote HMG before anyway

Bears own transaction costs (£3.6 million)

Yes

Mainly advisers fees