Todd K. Wolynski
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.
Advising on various strategic advanced air mobility matters for Bristow Group, a global helicopter operator.
Advising PHI Group on its helicopter leasing arrangements with various lessors.
Advising Bristow Group on two thirteen-year secured equipment financings for an aggregate amount up to £145 million with National Westminster Bank Plc to support Bristow's obligations under its contracts with the Department for Transport and the Maritime & Coastguard Agency of the United Kingdom.
Representation of Bouna Sorte Holdings, Inc. in connection with a court-approved US$555 million debtor-in-possession financing plan (the "DIP Financing") for Philippine Airlines in its chapter 11. The DIP financing was comprised of a $250-million first lien secured Tranche A multi-draw term loan, and a second lien secured Tranche B multi-draw term loan facility of $255 million.This deal was awarded "Asia-Pacific Deal of the Year" by Airfinance Journal 2021.
Ongoing representation of Aviation Capital Group in its vendor financing of up to US$1 billion to support the sale of Volocopter’s electric vertical take-off and landing aircraft.
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. This deal was awarded "Restructuring Deal of the Year" by IFLR 2022.
Representation of a Middle Eastern conglomerate in its ongoing spin-off and divestment of its aircraft, aircraft-related equipment and operations.
Advised on the pre-chapter 11 restructuring activities for Aeroméxico, and its chapter 11 case, where White & Case acted as Designated Aircraft Finance Counsel under Section 327(e) of the U.S. Bankruptcy Code.
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.
"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