Spirit Airlines, Inc. (NASDAQ: SAVE)
The Complaint alleges that the Proxy Statement contains material misrepresentations and omissions, including but not limited to failing to disclose (i) that the principal negotiators of the Merger on the Spirit side—as well as a majority of the Spirit Board— had served alongside William A. Franke, Chairman of Frontier’s board of directors, when Franke was chairman of the Spirit Board, and Indigo was one of Spirit’s largest shareholders; and (ii) a material lending relationship between Frontier and the Board’s financial advisor, Barclays Capital Inc.