Aircraft Leasing UK, London 1315 Apr 2015 £3,350 + Vat Email: [email protected] Tel: +44 (0)207 779 8601 Documentation and Negotiation Course Instructor Kenneth Gray trained as a barrister before joining Northon Rose Fullbright LLP, a leading international law firm, in 1986. In 1990 he moved to Paris to found Norton Rose Fullbright’s office there. "Brilliant Speaker" Deloitte Course Description "The training was excellent and everyone thoroughly enjoyed it. Kenneth is an excellent speaker." Past Attendee, Aercap Course Overview: Nearly all aircraft operated by airlines in the twentyfirst century are acquired under a lease. This course will investigate the nature of a lease, its contents and how it is negotiated from start to finish, beginning with the terms of a letter of intent and finishing with the delivery of the aircraft. You will learn to identify the issues that really matter during the negotiation process: identifying and allocating risk; maintaining maximum operational flexibility; keeping within market standards; and complying with legal and regulatory requirements. We will consider the principal provisions of a lease and engage in highly interactive workshops in which we will learn negotiation techniques and strategies to better protect the parties’ position. This is an essential course that you should not miss! By attending this practical and highly interactive three day training course, you will: l l l l l l Understand how to complete an aircraft lease from letter of intent to lease to delivery Learn how to negotiate the key provisions of an aircraft lease Understand the financial risks involved in aircraft leases and how they can be allocated Learn how the provisions of a lease can affect the daytoday operations of an airline Understand how the provisions of a lease need to be adapted to reflect the legal and regulatory environment Learn to balance commercial flexibility for the lessee with the interests of the lessor Featuring: Highly interactive workshops in which you will learn negotiation techniques and strategies Who Should Attend? This course is ideally suited for: l l l l l l l l Executives in the aviation finance business Inhouse counsel Airlines Operating lessors Export Credit Agencies Banks Manufacturers Private practitioners Past attendees of Aircraft Leasing include: l BNDES Email: [email protected] Tel: +44 (0)207 779 8601 l l l l l l l l l Airbus SAS Nord/LB Aircastle CIT Aerospace AerCap Norwegian AirShuttle ASA Webber Wentzel Baker & McKenzie LLP Lloyds Banking Group Agenda Day 1 An Introduction to Leasing l l l l What is a lease? Operating leases and finance leases compared The essential provisions of a lease Registration, maintenance, insurance, return conditions Overview of the Contents of the Lease l l The structure of a lease What the different clauses are intended to achieve Letters of Intent l l l l What should a LoI contain? What detail does it need it go into? Is it legally binding? Workshop Workshop: Definitions used in the Lease l l l Some of the more important defined terms and their consequences In what context are they used and why are they important? What may be negotiated? Representations and Warranties l l l What purpose do they serve? Should they be repeated? Workshop: Negotiating the representations and warranties Quiet Enjoyment l l Who might be entitled to interfere with the lessee’s quiet enjoyment? What protection can the lessee ask for? Day 2 Delivery and Acceptance Procedures l Inspection procedures Email: [email protected] Tel: +44 (0)207 779 8601 l l What is meant by “as is, where is” ACG vs. Olympic The Financial Provisions of the Lease l l The “Hell and High Water” clause Deposits Financial Risk Under the Lease l l l l Increased costs Market disruption Indemnities Workshop Taxes l l l l l The general tax indemnity Withholding tax VAT and similar taxes What exclusions can be accepted? Workshop Undertakings l l l l l l EU Emission Trading Schemes Eurocontrol and other liens Restrictions on the Operation of the Aircraft Dealing with Sanctions Subleasing Workshop The Cape Town Convention l l What does it cover? How does it impact on the documentation? Maintenance Obligations l l l l To what standards does maintenance need to be performed? Complying with airworthiness directives Cost sharing Payment of Maintenance Reserves Day 3 Insurance, Loss and Damage to the Aircraft l l l l What insurances are required for the aircraft? How are insurance proceeds paid out? What happens if the aircraft is damaged? Casualty occurrences in relation to engines Events of Default l What is the purpose of the event of default clause Email: [email protected] Tel: +44 (0)207 779 8601 l l l Some key events of default Specific concerns of airlines What to do following an event of default Contractual Redelivery l l What should be in the return conditions? What happens if the lessee fails to comply with the Return Conditions Workshop: The impact of a lease on the business and operations of an airline. Delegates will be asked to consider how a lease might impact on an airline’s business and operational flexibility, including: l l l l l l l l l l l l Wet leasing and dry leasing the aircraft Changing where the aircraft is based Compliance with EU ETS legislation The consequences of damage to the aircraft Disposal by the lessee of its assets: does it need the lessor’s consent? Changes in the ownership of the lessee Changes in the insurance market what rights does the lessor have? Customer care arrangements with maintenance providers Establishing whether an event of default has occurred Patent and latent defects in the aircraft When the lessee redelivers the aircraft Dealing with sanctions Feedback and Close About the instructors Kenneth Gray is regarded as a foremost expert in Aviation Finance and Aircraft Leasing. Kenneth trained as a barrister before joining Norton Rose Fulbright, a leading international law firm, in 1986. In 1990 he moved to Paris to found Norton Rose Fulbright’s office there. He was elected to the partnership in 1993 and returned to London in 1999, before retiring from the partnership in 2001. Since then he has continued to work as a consultant at Norton Rose Fulbright in addition to providing legal training. His practice at Norton Rose Fulbright consists primarily in representing airlines and banks, as well as the export credit agencies of several European countries, in implementing complex crossborder finance transactions – and advising them on work outs when the borrower encounters financial problems. Kenneth has won numerous awards, including being voted one of the top 20 aviation lawyers in the world by the Best of the Best Guide and one of the Hot 100 lawyers in the United Kingdom as voted by The Lawyer Magazine. He has been involved in many groundbreaking transactions over the years, including Jane’s Transport Finance “Aircraft Innovator of the Year”, and the Airfinance Journals’ deal of the year on four occasions. Kenneth is qualified as a solicitor and as an avocat at the Paris bar. Venue Central London Hotel Venue, London, UK All Euromoney Training courses are held at four or five star venues in Central London, Zone 1. We strive to provide you with a training environment of the highest quality, to ensure that the whole learning experience exceeds your expectations. Your training venue will be confirmed by one of our course administrators approximately 34 weeks before the course start date. Email: [email protected] Tel: +44 (0)207 779 8601 Email: [email protected] Tel: +44 (0)207 779 8601
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