Actually the official written testimony of J. Ward - APFA - and AA to Congress very clearly labeled it a merger. The documents were titled MERGER. Its official; get over it.
John Ward's use of the word "merger" does not transform an asset purchase into a merger, regardless of where he said it.
To which "documents" do you refer? On March 12, 2001, the bankruptcy court approved an Asset Purchase Agreement, not a merger agreement:
On March 12, 2001, this Court approved an Asset Purchase Agreement (“APAâ€) between TWA and American that effected a sale of substantially all of TWA’s assets to American. (Doc. # 5847, p. 2).
http://www.deb.uscourts.gov/Opinions/2007/...07_01-00056.pdf (page 3 of .pdf)
The bankruptcy court was consistent in discussing AA's plan as an asset purchase. For example:
http://www.deb.uscourts.gov/Opinions/2001/TWA_STAY.pdf
The transaction was factually, legally and functionally an asset purchase, and not a merger, no matter how many times you post otherwise.