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Aircraft Finance

 

The Equipment Finance Group enjoys a worldwide reputation in aviation finance. The group and its individual attorneys have been recognized by numerous periodicals and other publications for their legal acumen, industry knowledge, practical approach and unparalleled service.  The group represents all participants in aviation finance, including several of the world’s largest airlines, export credit agencies, internationally recognized banks and other financial institutions and significant international aircraft operating lessors.

Commercial Finance

The core of Vedder Price’s aviation finance practice is, not surprisingly, our commercial finance practice.  Attorneys in EFG represent airlines, lessors, lenders, buyers and sellers in a broad variety of transactions.  Our experience includes singleinvestor operating leases, secured loans, domestic (U.S.) leveraged leases, cross-border leases and backleveraged operating leases, warehouse facilities, progress payment facilities, residual value guaranties, purchases and sales of single and multiple aircraft as well as general aviation equipment. We also work with airlines and lessors on long-term agreements such as purchase agreements with the major manufacturers (including manufacturer credit support) and technical agreements such as storage, general maintenance and freighter conversion contracts. Vedder Price attorneys have the flexibility to work on transactions as straightforward as parts sales and as complex as multitranched debt facilities involving private and public funding with thirdparty credit support (provided by both private and governmental entities).

Government-Supported Financings

EFG attorneys have considerable experience in connection with export credit financing of aircraft involving export credit agencies (“ECAs”) including the Export-Import Bank of the United States and Export Development Canada. Vedder Price acts as counsel for ECAs on a wide variety of aircraft financings involving aircraft exported to airlines in numerous jurisdictions. ECA transactions consistently utilize innovative financing structures, including finance leases, tax-motivated leveraged leases, SOARS, mortgages, commercial paper conduits, progress payment facilities and joint-ECA structures. Vedder Price attorneys act for ECAs in credit facilities for leasing companies in addition to airlines. The debt portions of these financings can be provided through permanent private debt placements to banks and other institutional investors as well as public offerings in the form of securitizations.

Operating Leases

Attorneys in the Equipment Finance Group act for lessors and lenders in operating leases with lessees in countries throughout the world. We handle purchase, delivery and return processes and are well versed in registration and perfection issues in numerous jurisdictions.  Vedder Price attorneys have extensive experience working with the largest international banks in back-leveraging operating leases on a global basis with many of the most prominent leasing companies. The Equipment Finance Group has developed an extensive network of law firms able to serve as local counsel and our worldwide experience ensures that our clients’ interests are protected to the fullest extent possible under all applicable legal regimes.

Portfolio and Company Acquisitions

One of the most important trends in commercial aviation finance in recent years has been the divestiture and acquisition of large portfolios of aircraft, including complete finance divisions and whole companies. Our combination of traditional aviation finance experience with our strengths in related areas, such as mergers and acquisitions, securities and equity fund creation, makes Vedder Price a significant participant in these large-scale transactions. Vedder Price attorneys represent buyers and sellers in many of the largest of these transactions, in addition to the subsequent refinancings and securitizations that often follow the initial acquisition. Our clients include both traditional market participants, such as banks and leasing companies, and non-traditional participants including hedge funds and private equity firms.

Business Aircraft Finance

Vedder Price attorneys structure, negotiate and document simple and extraordinary transactions for business aviation assets (such as business aircraft [large and small], turbo prop and smaller aircraft, and helicopters), including true/taxmotivated leases, synthetic leases, progress payment and “green” aircraft financings, warehouse facilities, and cross-border financings involving foreign-registered and hangared aircraft. We also work on saleleaseback and other used aircraft financings, lease and loan financings to operating lessors and financings of aircraft which are subject to fractional share or “pay card” programs and which can be managed, chartered or used by affiliated or unaffiliated third parties. The variety and depth of our experience benefits clients throughout a transaction, from the initial phases of term sheet negotiation and due diligence to intermediate phases, such as amendments, restructurings and workouts through final phases, such as enforcement, return and repossession. Our clients’ customers include many prominent publicly and privately held domestic and foreign companies, together with domestic and foreign high-net-worth individuals.

 

Aircraft Finance

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