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Aviation Finance - Understanding the legal and documentation issues

Date: 29-03-2010
Duration: 2 Days
Location:
TBC Based on Demand

Cost: €895 per participant for FINUAS Members

To book this Event or make an enquiry click this button.
  • Introduction to Aircraft Finance
  • Introduction to Common Financing Tools
  • Overview of the Basic Legal Documentation
  • Ownership, Different types of leases and similary instruments
  • Overview of the Contents of a Lease
  • Representations and Warranties
  • Covenants and Conditions Precedent
  • Sub-Leasing 
  • Insurances: The Contractual Provisions
  • Maintenance Reserves
  • Events of Default
  • Security 
  • Aircraft Mortgages
  • Other Liens
  • Ownership rights

Introduction to Aircraft Finance

  • What makes it so different?

Introduction to Common Financing Tools

  • Secured loans
  • Operating and finance leases
  • Residual value guarantees
  • Securitisation products
  • Tax leases
  • Export credits

Overview of the Basic Legal Documentation

  • Purchase agreement
  • Loan, lease
  • Assignment of lease
  • Assignment of insurances

Ownership, Different types of leases and similary instruments

  • Operating leases and finances leases
  • hire urchase agreements, conditional sale agreements, instalment sale agreements
  • Sale and leasebacks
  • Tax leases

Overview of the Contents of a Lease

  • Why different clauses are there and what they seek to achieve?

Representations and Warranties

  • Why they are important
  • Negotiating them

Covenants and Conditions Precedent

  • Examination of those that are specific to aircraft finance transactions

Sub-Leasing

  • Why might a lessee want to sub-lease an aircraft?
  • What concerns might a bank have if a lessee requests the right to sub-lease an aircraft

Exercise: How can these be reconciled?

Insurances: The Contractual Provisions

  • Indemnities
  • What is a contract of insurance?
  • The rights of a creditor relating to a contract of insurance
  • A practical review of the actual contents  of an insurance policy, its terms and their impact and consideration of how the policy and the insurance clauses have been affected by world events

Maintenance Reserves

  • What they are?
  • How are they calculated?

Events of Default

  • Where they are relevant in lease documentation
  • An analysis of some specific events of default
  • Enforcement action: what to do when it all goes wrong

Security

  • Mortgages and other types of security

Aircraft Mortgages

  • A comparison of different jurisdictions and international conventions
  • Taking security over the aircraft, its engines and constituent parts

Other Liens

  • Compared to rights of a mortgagee

Ownership rights

  • Compared to rights of a mortgage

Workshop: Worked example on the rights of owners and mortgages on an airline's default.

Review of workshop: The Cape Town Convention: heading for a simple future?

The course will provide invaluable information to all involved in aviation finance, especially

  • Aviation finance executives
  • Lenders
  • Risk advisors
  • Lawyers in banks
  • Lawyers in the aviation industry
  • Bankers involved in aviation financing

EuroMoney www.euromoneytraining.com