Practice Experience
Thomas McDonald has over 25 years' experience in international financial transactions, with particular emphasis on asset and equipment finance. He acts for commercial banks, lessors, lessees and equity participants in cross-border transactions with respects to aircraft, vessels and other equipment.
He is experienced in all aspects of structuring, negotiating and documenting such transactions.
Thomas has been involved in all types of aircraft leasing and finance matters, representing operating lessors on operating lease transactions and representing financial institutions, banks and airlines on cross-border tax-based and non-tax-based aircraft leasing and finance transactions around the world. He has particular experience in tax-enhanced lease structures and European and US export credit agency-supported finance transactions with respect to aircraft, vessels, and other equipment.
Thomas has also been involved in bankruptcy and restructuring matters involving airlines and ship operators, both in France and the United States. This has included contentious repossession of aircraft and ships.
Representative transactions include:
- Advising Aviacapital Service, a wholly owned subsidiary of Russian Technologies State Corporation, in connection with the acquisition, export credit finance and leasing to Russian airlines of 50 new Boeing 737 aircraft (2011 to present);
- Advising ILFC, ACG, MC Aviation Partners and Jackson Square Aviation with respect to the leasing of aircraft to Russian airlines, including regulatory issues, customs matters, tax advice and litigation matters (2011 to present);
- Advising Alpstream AG, a Swiss subsidiary of National Reserve Corporation, in connection with various matters relating to the sale, finance and leasing of aircraft owned by Alpstream AG (2011 to present);
- Advised Basic Element Group in connection with the purchase of 5 Boeing 737 aircraft from various operating lessors, financing such aircraft and leasing them to Sky Express and Kuban Airlines, airlines in the Basic Element Group (2011);
- Advised Sky Express and Kuban Airlines, both controlled by the Basic Element Group, with respect to the operating lease of one Airbus A319 aircraft from an operating lessor (2011);
- Advised Scat Airlines, a Kazakhstan airline, on the acquisition of one Boeing 757 aircraft from a major operating lessor (2011);
- Advised Société Générale in the French tax lease financing of three Airbus A380 aircraft operated by Deutsche Lufthansa AG (2010-2011);
- Advised ILFC with respect to the restructuring of a portfolio of over 100 aircraft leased to airlines in multiple jurisdictions, in particular with respect to registration, transfer and withholding tax considerations (2010);
- Advising CIT on the ECA supported financing of more than 30 Airbus aircraft (2008 to present);
- Advised Société Générale as guaranteed lender in the US Ex-Im Bank supported financing of two Boeing 747-400 aircraft for Cathay Pacific (2009);
- Advised Société Générale in a complex Italian lease financing for four Boeing 777 aircraft for TAM supported by US Ex-Im Bank (2008);
- Advised Natixis in the US Ex-Im Bank supported French lease financing of five Boeing 737-800 aircraft for Turkish Airlines (2008);
- Advised the Angolan national oil company in the acquisition of three Boeing 747 aircraft to be used for the transportation of personnel to oil platforms (2008);
- Advised Citigroup in the lease financing of an LNG bench test facility operated by Dresser Rand (2007-2008);
- Advised Société Générale in the US Ex-Im Bank supported French lease financing of one Boeing 747 cargo aircraft for Singapore Airlines Cargo (2006);
- Advised to the equity investors in the lease financing of Bell helicopters and Bombardier aircraft for Cabinda Gulf Oil Company Limited, a wholly-owned subsidiary of Chevron Texaco and the holder of an important oil field concession from the Government of Angola (2005-2010);
- Advised to Aeroflot in connection with the negotiation of an ECA-supported export credit facility for twenty-one Airbus A320 family aircraft (2003-2009);
- Advised BNP Paribas, Natixis Transport Finance and CSOB in connection with the ECA-supported financing of 12 Airbus A320 family aircraft for CSA (2005-2008);
- Advised Deutsche Bank in connection with the sale and leaseback of three Airbus A330 aircraft for LTU (2005-2006).
Bars and Courts
Paris Bar, 1992
New York State Bar, 1978
Louisiana State Bar, 1974
Education
BCL, Oxford University, 1976 JD, Tulane University School of Law, 1974 BA, College of William & Mary, 1971
Publications
"French Aviation Law," Airfinance Annual (every edition since 1993-1994)
Languages
English French
Citizenship
United States
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