As part of the global UN-led effort to tackle climate change, the aviation sector has agreed a basket of measures to decarbonize the industry and achieve net zero carbon emissions by 2050. One of those measures is the Carbon...more
Can Airlines Seek Relief under EETC Financing?
Due to the ongoing COVID-19 pandemic and the resulting economic malaise, lenders and investors are seeing a flood of requests from borrowers and issuers for relief on debt...more
Aircraft leases typically include standard representations and warranties regarding: (i) the power and authority of the lessee to enter into the agreement and the transactions contemplated by the agreement; (ii) the agreement...more
With the COVID-19 pandemic changing the way we live, shop and work, as of June 1, 2020, the Global Aviation Trading System (“GATS”) aims to bring into the 21st century the way we trade and finance aircraft equipment. GATS is...more
Apollo Settles Alleged Sanctions Violations: Aircraft Lessors Pay Attention -
The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury has broad delegated authority to administer and enforce the...more
12/20/2019
/ Aircraft Sales ,
Aviation Industry ,
Civil Monetary Penalty ,
Compliance ,
Economic Sanctions ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Restrictive Covenants ,
Sanction Violations ,
SDN List ,
Sudan ,
Trading with the Enemy Act
Letters of credit are often issued in aircraft leasing transactions as an alternative to the provision of a cash security deposit and, less frequently, the obligation to pay maintenance reserves in cash. In an airline...more
It is clear that English law permits a party to avoid a contract on the grounds of economic duress but there is some uncertainty as to the circumstance in which a contract may be avoided for economic duress. Requiring...more
9/16/2019
/ Airlines ,
Appeals ,
Aviation Industry ,
Bad Faith ,
Breach of Contract ,
Contract Termination ,
Contract Terms ,
Economic Duress ,
Monopolization ,
Transportation Industry ,
UK
In This Issue –
Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic harm?
A Bird on the Ground is Worth One in the Sky: Lessons from ALC v. Far...more
9/12/2019
/ Airlines ,
Appeals ,
Aviation Industry ,
Bad Faith ,
Breach of Contract ,
Contract Termination ,
Contract Terms ,
Economic Duress ,
Monopolization ,
Transportation Industry ,
UK
The administrators of the airline Monarch Airlines Limited (Monarch) have won an appeal in the Court of Appeal regarding the rights of Monarch in and to certain “slots” at Luton and Gatwick airports, after Monarch went into...more
Aircraft Lender Not Responsible for Customer’s Structuring Strategy -
Most business aircraft purchasers, especially high net worth individuals, rely on advice from their various resources when acquiring such expensive...more
4/30/2018
/ Aircraft Financing ,
Airports ,
Appeals ,
Asset Management ,
Asset Seizure ,
Aviation Industry ,
Borrowers ,
Brazil ,
Collateral Agreements ,
Cross-Border ,
Damages ,
Duty to Mitigate ,
Federal Aviation Administration (FAA) ,
Grandfathering Rules ,
Insolvency ,
Lease Financing ,
Lenders ,
Lessor ,
Payment Terms ,
Tax Evasion ,
Transportation Industry ,
UK ,
Wells Fargo