Practice Area
Sector Specialisation: Asset Finance, Aviation and Yacht Finance
Specialised financing of aircraft and other assets
Asset finance, e.g. aviation and yacht finance (but also train and other infrastructure) is a particular niche expertise of our finance practice. We advise lessors, lenders, owners, operators, dealers and guarantors on the financing, refinancing, restructuring and enforcement of such asset transactions, including cross-border security structures and the Cape Town Convention and Incoterms®.
Experience & Expertise
Personal experience and expertise of Attorneys at Law of GHP (including before foundation of GHP in national and international law firms) include:
Advising a globally active financing institution as lessor on the financing of commercial aircraft for an Austrian air carrier.
Advising the leasing subsidiary of an Austrian commercial bank on the lease financing of an Airbus helicopter for an Austrian lessee.
Advising an Austrian regional bank on the financing of three aircraft, in particular on a security structure affording the bank optimal legal protection.
Advising a leasing company on the revision of its standard documentation for aircraft financings – lease agreement, hire-purchase agreement and tripartite agreement – and its alignment with current international standards.
Advising a lessor on the refinancing of an aircraft for a Maltese lessee with a British guarantor, and on the refinancing of an aircraft by way of a hire-purchase agreement with an Austrian purchaser and Swiss and French guarantors.
Advising an asset finance company on the credit financing of aircraft and helicopters, including hire-purchase financings.
Advising the Austrian leasing subsidiary of a commercial bank on the lease financing of an aircraft with an Austrian lessee by way of a US trust structure specifically negotiated with the US Federal Aviation Administration (FAA).
Advising an airline on the sale and lease back financing of various transport aircrafts.
Advising on the securing of receivables under a global master lease agreement, where claims against numerous lessees not determined in advance had to be secured worldwide.
Representing lessors in the enforcement of claims, including arbitration before the Vienna International Arbitration Centre concerning the obligations of a guarantor under a distressed lease financing, civil proceedings before Austrian courts and insolvency proceedings against guarantors.
Advising financing institutions on the lease financing of real estate and on the (re)structuring and realisation of the related collateral.