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Aviation

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Overview

Our Clients

Katten’s Aviation practice serves lessors, manufacturers, financial institutions, repair facilities, parts distributors and insurers. Our work representing lenders and aircraft manufacturers in the sophisticated financing of new and used aircraft, engines and related equipment forms the core of our practice. We also have broad experience representing commercial and private operators of corporate aircraft.

Our Services

The Aviation team helps clients buy, register, finance and structure the operations of business and commercial aircraft worldwide. We offer fully integrated representation in all types of aviation transactions, including purchase, sale, leasing, financing and insuring, as well as bankruptcy and insolvency matters. In addition to assisting with the commercial, legal and tax issues that typically arise in financial transactions in the aviation industry, our attorneys develop innovative structures involving true leases, loan securitization, enhanced equipment trust certificates, pooled aircraft securitizations, asset preservation, credit enhancement and residual value support.

We represent clients in administrative and regulatory matters before the Federal Aviation Administration and the Department of Transportation, including applications for charter and other extra-bilateral authority, and we advise Part 135 operators on compliance issues.

Katten attorneys have acted on behalf of clients in commercial litigation in the aviation industry involving maintenance, parts distribution and other related business issues. Our attorneys are recognized for their ability to resolve international disputes economically with positive results for clients.

Our team also provides counsel on the environmental regulatory and legislative matters affecting the aviation industry. We work with our Environmental and Workplace Safety attorneys to address climate legislation related to greenhouse gas emissions from aircraft engines and manufacturing facilities.

Drawing on deep and diverse industry experience, our Aviation team acts as trusted advisors to clients, offering an interdisciplinary approach to meeting their unique business, regulatory and litigation challenges.

Experience
  • Lead counsel for Embraer’s participation in the restructuring of Brazilian Export Credit Agency (BNDES) debt for 216 aircraft as part of American Airlines bankruptcy.
  • Lead counsel for Embraer’s participation in the restructure of 60 aircraft with Chautauqua Airlines, Inc. as lessee, and lenders and lessors, including General Electric Capital Corporation, Brazilian Export Credit Agency (BNDES) and Mitsui & Co., Ltd.
  • Representation of purchaser and lessor in the purchase and sale of one Airbus A320-200 aircraft between Blade Leasing Co. as seller, Metro Aviation Ireland Limited as purchaser and Spring Airlines Co., Ltd., as lessee.
  • Representation of Embraer as senior lienholder in the debt financing of three Embraer model ERJ 190-100 LR aircraft on behalf of the National Air Services Company (NAS) as buyer with Natixis as senior lender and junior lienholder.
  • Representation of purchaser and lessor in the purchase and lease of one Airbus A320-200 aircraft with Erica Navigation S.A. as seller, Metro Aviation Ireland Limited as purchaser and lessor, A320 Aircraft Leasing VII Corp. as head lessee and China Eastern Airlines Corporation Limited as sublessee.
  • Representation of V46-PW2040 LLC as purchaser and borrower in the debt financing of one Pratt & Whitney PW2040 engine, with United Technologies Corporation, through its Pratt & Whitney Division, as seller, and UT Finance Corporation as lender.
  • Representation of XL Airways Germany GmbH as sublessor in the sublease of three Boeing model 737-800 aircraft, with CanJet Airlines as lessee.
  • Representation of Embraer Finance Ltd. as original lender on behalf of Azul Airlines in the debt financing of two Embraer 190-200 IGW aircraft.
  • Representation of Citicorp N.A., Inc. as purchaser and lessor in the purchase of Q Aviation Ventures IV Limited for its ownership of two Boeing B737-700 Aircraft by Citicorp and SASOF Luxembourg S.A.R.L., with China Southern Airlines Company Limited as lessee.
  • Representation of Embraer as seller in the pre-delivery payment (PDP) financing of eight Embraer Model ERJ 190 aircraft.
  • Counsel to lessors, lessees, lenders, arrangers, airlines and manufacturers in all matters relating to the sale, purchase, lease, financing and insuring of commercial aircraft and related equipment worldwide.
  • Advise lessors, lenders, repair facilities, distributors, manufacturers and airlines in bankruptcy and insolvency matters.
  • Advise on the structure of operations of commercial and private corporate aircraft.
  • Analysis of progress payment facilities and structures.
  • Representation of parties in administrative and regulatory matters before the Federal Aviation Authority (FAA) and Department of Transportation (DOT).
  • Advise Part 135 operators on Federal Aviation Authority (FAA)/Department of Transportation (DOT) compliance issues.
  • Representation of Kroll Bond Rating Agency in connection with the rating of Jetscape's Eagle I Limited ABS Securitization.
  • Representation of Embraer in connection with acting as back-up servicer for Aldus Aviation's ATLAS securitization.
  • Representation of Citibank in connection with a $175 million facility for Hawaiian Airlines secured by Section 1110 assets, non-Section 1110 aircraft, cash and accounts receivable.
  • Representation of Merx Aviation Finance in the purchase and lease of two A320-232 aircraft operated by Scandinavian Airlines System.
Articles
February 10, 2016
August 28, 2015
October 15, 2012
September 30, 2011
December 6, 2010
October 13, 2008
Advisories
Events
April 20, 2017
April 14, 2016
April 2, 2015
May 22–23, 2014
April 24, 2014

Recognition

Transportation: Aviation: Finance (Nationwide), 2009–2017
Asset Finance and Leasing, 2017
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Recognition

Transportation: Aviation: Finance (Nationwide), 2009–2017
Asset Finance and Leasing, 2017

OUR CLIENTS SAY...

"Their performance has been great. . . . Katten has taken the time to understand our firm and develop institutional knowledge of our organization . . ."
"The quality of advice has always been high and timely, and sector knowledge is top-notch."

Chambers USA 2015
(Transportation: Aviation: Finance)

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