Aviation

Keeping aviation transactions on course from start to finish

We advise buyers, sellers and operators throughout the lifecycle of commercial, business, and personal aircraft. Our team brings the transaction documents, ownership and operating structure, regulatory requirements and closing logistics together so each piece supports the client’s objectives.

• Purchase and sale transactions: Term sheets and offers, definitive purchase and sale agreements, inspection and technical acceptance terms, discrepancy repair processes, delivery conditions and locations and cross-border transaction protocols
• Ownership and operations: Corporate ownership structures, dry leases, time-sharing arrangements, joint ownership and fractional programs, management arrangements, intercompany leases and pilot-sharing agreements designed to align with FAA, corporate and tax requirements
• Title, registration and closing: Title and lien review, title and lien perfection opinions, FAA filings, International Registry registrations, UCC filings and coordination of the documents, funds and parties required for closing
• Tax and risk considerations: State sales and use tax planning, federal income tax issues involving business and personal use, executive compensation considerations, insurance requirements, indemnification and other risk-allocation terms

When the financing is complex, every closing detail counts

We represent banks, other lending institutions, operating lessors and transaction parties in aircraft financings and refinancings. We also provide trusted funds escrow services, including flat-fee arrangements when appropriate, to coordinate sale, purchase and payoff funds professionally, efficiently and securely.

• Financing structure and documents: Deal structuring and complete documentation for secured loans, operating and synthetic leases and other structured finance transactions
• Collateral and lien perfection: FAA, International Registry and UCC filings designed to establish and prioritize security interests in aircraft collateral
• Closing and lifecycle support: Closing coordination, refinancing and securitization support and maintenance, operating lease return and other end-of-term requirements
• Escrow and dispute support: Receipt and disbursement of transaction funds and, when issues arise, coordinated counsel regarding disputed escrow funds, aircraft financing transactions and recovery and disposition of aircraft securing loans in default

One team representing every corner of the aviation industry

Our clients range from individuals and closely held businesses purchasing a single aircraft to major aviation companies and internationally recognized financial institutions. We tailor our role to the client’s place in the transaction, whether we are handling a focused title or escrow assignment or coordinating the legal work required for a complex acquisition or financing.

• Aircraft transaction parties: Buyers, sellers, owners, operators, operating lessors, fractional interest programs, corporate flight departments and lenders
• Commercial aviation businesses: Domestic and international airlines, air cargo carriers, charter and managed-aircraft operations and aviation service providers
• Manufacturers and emerging aviation companies: Aircraft and helicopter manufacturers, drone manufacturers and operators and other businesses developing or deploying aviation technology

Trusted and tested aviation industry experience sets us apart

Aviation is an industry with distinct legal and operational needs, and clients want lawyers who understand both the rules and how transactions work in practice. Our lawyers are known throughout the industry for deep experience, strong working relationships, responsive service, and a cost-effective approach that keeps matters moving without sacrificing thoroughness. Clients also benefit from access to our tax, banking and finance and litigation capabilities when an aviation matter requires support beyond the core transaction.