Flynn O’Driscoll’s dedicated Aviation and Asset Finance Group was established over 15 years ago and has developed into a leading practice with strong links across the aviation and transportation sectors.
Our broad client base spans 33 jurisdictions and comprises airlines, lessors, financiers, engine lessors, export credit agencies, components, engine shops, paint shops, and maintenance organisations.
We are trusted legal advisors to our clients on aviation legal issues covering transactional, regulatory, enforcement, insolvency, and litigation matters associated with their operations.
The Aviation and Asset Finance practice advises clients on all aspects of aircraft finance and leasing transactions, including leasing, debt financing and export credit agency supported transactions. The team has experience in the drafting and negotiation of general terms agreements and representing leasing companies on purchase, sale & leasing transactions from lease due diligence through to transaction execution.
We advise on some of the most complex asset finance transactions in the space, regularly handling matters involving multiple jurisdictions, novel legal aspects, and condensed timeframes. Our expertise and experience spans all facets of aviation, from dealing with the metal through to the finance including purchase, sale and lease, and repossession and restructuring. Recently, we have been involved in a number of complex shipping matters, further demonstrating the versatility of our practice.
Our Asset Finance and Aviation practice work seamlessly with the wider firm’s corporate, employment and dispute resources to provide comprehensive advice to clients on deals that combine multiple disciplines.
Our aviation team was named Aviation Leasing Legal Team of the Year at the Irish Law Awards in October 2021.
Our key asset finance & aviation legal services include:
- Advising in relation to the regulatory environment in Ireland for companies involved in the aviation sector
- Financing, purchase, sale and lease of aircraft including warehouse facilities, lease novations, assignments and amendments including ECA and ExIm financing and bond issuances
- Leasing, purchase, finance and security documentation in respect of aircraft and engine financing and lease transactions
- Establishment and maintenance of Irish special purposes vehicles and group structures in connection with aircraft transactions
- Security perfection requirements of aircraft transactions
- Registration and operation of aircraft in Ireland including interpretation of the Irish Aviation Authority Statutory Instruments and Orders
- Due authorisation, enforceability, execution and delivery of transaction documents and Cape Town Convention
- Establishment of Irish airlines and assisting throughout the process from planning to obtaining an Air Operator Certificate
- Drafting corporate approvals e.g., transaction board minutes/resolutions and corporate certificates, and provision of Irish law legal opinions
- Advices and registered user services in connection with the operation of the Cape Town Convention
- Technical Services Agreements and General Terms Agreements with Maintenance, Repair and Overhaul (“MRO”) facilities and Continuing Airworthiness and Management Organisations (“CAMO”)
- Provision of domestic and international compliance services to companies involved in aircraft transactions
Recent notable deals from our Aviation & Asset Finance team include:
- Atlantic Aviation Group on its acquisition of Lufthansa Technik Shannon
- Acting for TrueNoord and its financiers on a new revolving warehouse finance facility of US$400 million
- Emerald Airlines in relation to Slot Agreements with Aer Lingus
- Air Nostrum in relation to an aircraft reservation agreement
- Air Astana in relation to the re-registration of a proportion of the Air Astana fleet to the IAA
- Aer Lingus in relation to complex employer liability claims such as Cabin Depressurisation claims and Impact upon Landing claims
Additional aircraft transactions from our Aviation & Asset finance team also include:
Acting on behalf of the purchaser:
- purchase and lease (novation) of four (4) used Airbus A321-211 aircraft
- purchase and lease of six (6) Embraer E190 aircraft
- purchase and lease of five (5) Embraer E190 aircraft
- purchase and lease of two (2) Airbus A 320-214 aircraft
Acting on behalf of the seller:
- sale and leaseback of five (5) Airbus A320-214 aircraft
- sale of two (2) Boeing B737-800 aircraft