Todd K. Wolynski

Partner, New York

Biography

Overview

Todd Wolynski is a leading asset finance partner with significant experience in advising the aviation industry. His broad experience in asset financing transactions includes aircraft and helicopter finance, equipment leasing and other cross-border corporate and finance transactions. He also has extensive experience in M&A, restructurings and bankruptcies in the aviation sector.

Todd's aircraft finance experience includes export credit agency-supported transactions, warehouse and other pooled asset-backed facilities, private placements and other securities offerings, portfolio acquisitions and finance transactions, vendor finance matters, PDP financings, and restructuring and bankruptcy matters. 

His extensive track record includes working with lessors, borrowers, lenders, export-credit agencies, OEMs, MROs and private equity throughout his career.

Todd served as a White & Case associate from 2006 to 2013. Prior to rejoining the Firm, Todd was the General Counsel and Chief Administrative Officer of Waypoint Leasing, a global helicopter leasing company. At Waypoint Leasing, he was directly responsible for developing and running the company's legal, compliance, insurance and contract management functions. Todd later oversaw Waypoint Leasing's global restructuring and competitive M&A process that resulted in the successful sale of Waypoint Leasing to a strategic buyer. He then served as Chief Administrative Officer at Macquarie Rotorcraft Leasing.

Bars and Courts
New York State Bar
Education
JD
Georgetown University Law Center
BA
American University

Experience

Representation of Archer Aviation in connection with the investment and purchase by United Airlines, Inc. of Archer's electrically powered vertical takeoff and landing (eVTOL) aircraft. The aircraft purchase agreement includes a commitment for aircraft with a valuation of  US$1 billion, with an option to acquire up to $500 million of additional aircraft. White & Case also acted as Archer's aviation counsel in its merger agreement with a special purpose acquisition company (SPAC) transaction with Atlas Crest Investment Corp., which will take Archer public.

Advising on numerous financing, M&A and restructuring transactions for Waypoint Leasing, the largest independent helicopter leasing company, including: (i) secured term loan and revolving credit facilities, bridge financings, PDP financings, unsecured loans and Export Development Bank Canada, SACE and US EXIM Bank-supported financing transactions; (ii) purchase of various aircraft portfolios including a 31-aircraft portfolio (via a stock transaction of multiple companies) and leased to a single operator (accompanied by 4x non-recourse ECA financing facilities); (iii) restructuring debt and leasing obligations of various global operators in and out of a court-administered process; (iv) the negotiation and documentation of various purchase order books and maintenance-related contracts; and (v) the management of Waypoint Leasing's competitive sale process culminating in the acquisition of Waypoint Leasing's assets, and transfer of its employees, to Macquarie.  

Representation of Oaktree Capital in connection with a court-approved US$2.45 billion debtor-in-possession financing plan for LATAM Airlines Group, secured by LATAM subsidiary equity interests, frequent flier program, material slots and routes, engines and spare parts and other first lien and second lien collateral across various Latin American jurisdictions. 

Representation of a Middle Eastern conglomerate in its ongoing spin-off and divestment of its aircraft, aircraft-related equipment and operations. 

Advising on the pre-chapter 11 restructuring activities for Aeroméxico, and is now working on the chapter 11 case, where White & Case is acting as Designated Aircraft Finance Counsel under Section 327(e) of the U.S. Bankruptcy Code.  

Advising on the restructuring of recourse debt and an operating lease portfolio with Bristow Group, a global helicopter operator, before and during its chapter 11 case.  

Representation of Morgan Stanley Senior Funding, Inc. on a secured term loan facility for Embraer Aircraft Holding, Inc., a US-based subsidiary of Embraer S.A., a large Brazilian aerospace manufacturer, which was guaranteed by Embraer S.A., a Brazilian subsidiary of Embraer S.A., and nine US-based subsidiaries of Embraer Aircraft Holding, Inc. The loan will eventually be secured by a cash collateral account, receivables or spare parts for aircraft.

Representation of BNDES in connection with the financing of Embraer aircraft to be leased by AerCap to several airline carriers.

Representation of BNDES in connection with the restructuring of the financing arrangements for nine Embraer aircrafts acquired by SkyWest.

Representation of BNDES as largest secured creditor, with aggregate claims of US$1.75 billion secured by, among other things, 216 Embraer-manufactured aircraft and related assets, in the chapter 11 case of American Airlines.

Speaking Engagements

"From the Trenches: Realities from Distressed Aircraft/Helicopter Acquisitions & Restructurings", December 5, 2019, 2019 Aviation & Space Finance Conference (legal panel member) 

"Business Engagement with Indigenous Peoples", June 21, 2012, United Nations Conference on Sustainable Development, Rio+20