
Aircraft Finance & Leasing
THS & Co. advises lenders, borrowers, lessors, lessees, airlines, operators, owners, financiers, investors and arrangers on aircraft financing and leasing across the full transaction lifecycle—from structuring, facilities and security through delivery, operation, redelivery and enforcement.
Overview
- Advising on ownership structures, financing models, security packages, jurisdictional considerations and risk allocation.
- Reviewing aircraft title, ownership history, registration status, encumbrances, corporate authority, insurance, regulatory approvals and transaction risks.
- Preparing, reviewing and negotiating term sheets, facility agreements, security documents, mortgages, assignments, guarantees, intercreditor arrangements and related finance documentation.
- Advising on the creation, registration and perfection of security interests over aircraft, engines, receivables, insurance proceeds, lease rights and related assets, including aviation authority and mortgage filings.
- Advising on International Registry filings, international interests, assignments, discharges, priority issues and IDERA-related matters where applicable.
- Managing conditions precedent, transaction closing, legal opinions, filings, notices, releases, amendments, refinancings and restructurings.
- Advising on operating leases, finance leases, sale and leaseback transactions, wet leases, dry leases, subleases, tax treatment, regulatory requirements and risk allocation.
- Preparing, reviewing and negotiating letters of intent, lease agreements, subleases, novations, assignments, guarantees, side letters, security deposits, maintenance reserve arrangements and delivery documents.
- Reviewing aircraft status, ownership chain, maintenance records, registration, encumbrances, insurance, regulatory compliance and contractual obligations.
- Advising on tax-efficient aircraft finance structures, including leveraged leases, lease rental deductibility, depreciation-based equity investment, withholding tax planning, tax-advantaged ownership vehicles and cross-border structures.
- Advising on delivery procedures, acceptance certificates, registration and deregistration, aviation authority approvals, lease filings, IDERAs and closing deliverables.
- Advising on airworthiness, maintenance standards, records, inspections, repairs, modifications, engine and component management, return conditions and regulatory compliance.
- Providing ongoing advice on amendments, waivers, consents, substitutions, reserve claims, compliance issues, redelivery obligations and end-of-lease settlements.
- Advising on defaults, termination rights, enforcement, repossession, deregistration, export, insolvency risk, recovery of aircraft and records, lease-related disputes and negotiated settlements.
