Business Aircraft Finance, Registration & Legal Conference

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Program Schedule

Sunday, March 18, 2018

5:30 p.m. – 7:30 p.m.
Registration and Opening Reception

Monday, March 19, 2018

8:15 a.m. – 9:00 a.m.
Registration and Breakfast
9:00 a.m. – 9:15 a.m.
Welcome and Introduction
9:15 a.m. – 10:00 a.m.
Where is the Business Aircraft Market Headed?

Rolland Vincent, JETNET iQ; Jay Mesinger Mesinger Jet Sales

Is the current market “the new normal” or will there be a major recovery in the business aircraft market? With the latest survey data on market sentiment from JETNET, and perspectives on the pre-owned aircraft market from a leading broker, this session will offer unique insights into current and future market conditions.

10:00 a.m. – 11:00 a.m.
Aircraft Transactions: What Can Go Wrong?

Amanda Applegate, Aerlex; Jeff Agur, The VanAllen Group; Eileen Gleimer, Crowell & Moring

What can possibly go wrong in a business aircraft transaction? The answer is a lot if you don’t have a qualified team and understanding of the process. From identifying the appropriate aircraft, to legal documents and the pre-buy inspection, use real world case studies to plan for a successful aircraft transaction.

11:00 a.m. – 11:30 a.m.
Morning Break
11:30 a.m. – 12:30 p.m.
International Registry: Focus on Litigation

Frank Polk, McAfee & Taft (moderator); John Pritchard, Holland & Knight; Maria McElhinney, A&L Goodbody

The Cape Town Convention is now 12 years old and has been ratified by over 60 countries. As additional countries, including the United Kingdom, ratify the Convention and begin using the International Registry, new issues arise and old analysis is sometimes challenged. How has this played out in drafting documents and legal opinions? In an effort to address certain legal opinion issues, the Aviation Working Group is preparing a revised form opinion to be used in Cape Town Transactions. Additionally, it appears that Professor Sir Roy Goode may issue a 4th Official Commentary to the Convention and we will discuss what may be addressed in the new Commentary. Finally, we will examine recent litigation that has provided a better understanding of jurisdictional and venue issues relating to the Convention.

12:30 p.m. – 1:30 p.m.
Lunch
 
1:30 p.m. – 2:15 p.m.
Case Studies on Basing Business Aircraft Outside the U.S.

Jim Meyer, Harper Meyer (moderator); Juan Carlos Machorro G., Santamarina y Steta; Ehsan Monfared, YYZlaw

Using Canada and Mexico as case studies, learn about the key issues to review and consider when basing an aircraft outside of the U.S. From legal issues to tax and operational considerations, this session will provide a framework to address questions such as cabotage restrictions and aircraft importation rules that make basing aircraft outside the U.S. a challenging endeavor.

2:15 p.m. – 2:30 p.m.
Afternoon Break
2:30 p.m. – 3:15 p.m.
Know Your Customer: Best Practices for Closings

Malcolm Benge, Zuckert, Scoutt & Rasenberger; Christopher Monahan, Crowell & Moring

In advance of an aircraft transaction closing, it is critical to “know your customer” and verify the source of funds, check sanctions list and perform other due diligence. Learn how to create a process verifies key information on parties to the transaction, identifies potential red flags and fits into the closing process.

3:15 p.m. – 3:45 p.m.
Analyzing the “Lost Decade” for Business Aviation

Jon Raviv, Citi Research

The 2010s has been a “lost decade” for new aircraft production as traditional indicators broke down and manufacturers cut production rates. Much of the blame can be attributed to over-production in the 2000s which created a shadow inventory of used jets. With the passage of time, used inventory is being reduced and certain segments may be approaching the end of the lost decade, but challenges remain.

3:45 p.m. – 4:15 p.m.
Tax Reform Update for Business Aviation

Mike Hoggan, TVPX; Keith Swirsky, GKG Law

With the passage of historic tax reform legislation, there are important implications for business aviation. From the extension of immediate expensing to used aircraft and the repeal of like-kind exchanges, learn about the key tax reform changes that will impact aircraft owners and operators.

6:00 p.m. – 7:00 p.m.
Evening Reception

Tuesday, March 20, 2018

8:15 a.m. – 9:00 a.m.
Breakfast
9:00 a.m. – 9:10 a.m.
Welcome and Day Two Introduction
9:10 a.m. – 10:30 a.m.
Aircraft Financing Panel

Ford von Weise, Citi Private Bank (moderator); Steve Day, Global Jet Capital; Alex Overstrom, PNC Aviation Finance; Jim Simpson, First Republic Bank

With aircraft leasing becoming more popular and the continued role of non-bank lenders, the aircraft financing market is evolving. Learn about the latest trends in the market from industry leaders involved in all aspects of financing. Also, review how factors including regulatory changes and aircraft values are impacting the market.

10:30 a.m. – 11:00 a.m.
Morning Break
11:00 a.m. – 11:45 a.m.
Leasing vs. Secured Lending: Differences for Financing Providers

Eddie Gross, Vedder Price; Jeff Peier, Klenda Austerman

From a financing provider’s perspective, aircraft leasing and secured lending present a host of differences in financing documents, the closing process and tax/regulatory issues. Learn about key asset-related issues, including working with OEMs, aircraft registration and renewal, return conditions, topics involving commercial law and liability considerations.

11:45 a.m. – 12:30 p.m.
Focus on Documentation for Aircraft Transactions

John Schmidt, Aero Law Group; J.C. Ferrer, Holland & Knight

From the letter of intent to aircraft purchase agreement, careful preparation and coordination of documentation is important for a successful transaction. Analyze how key documents fit into the transaction and the relationships between various parties in drafting documents. Learn from scenarios involving actual transactions where issues with documentation caused the deal to fall apart.

12:30 p.m. – 1:30 p.m.
Lunch
1:30 p.m. – 2:00 p.m.
Keynote Speaker

A. L. Haizlip, FAA Aeronautical Center Counsel

2:00 p.m. – 3:00 p.m.
Panel Discussion: Perspectives from OEM General Counsels

David Mayer, Shackelford, Bowen, McKinley & Norton, LLP (moderator); Aaron Abold, Embraer; Jim Marks, Dassault Falcon Jet Corp; Blake Meyen, Textron Aviation Inc.; Francois Ouellette, Bombardier

General Counsels of four business aircraft OEMs will discuss common issues they encounter in transactions and disputes that effect attorneys and businesses involved in transactions. The panel will focus on how the general counsels approach negotiations over terms in agreements and which terms in their agreements get the most attention. Issues involving assignments of sales contracts and the perspective of OEMs on delivery location will also be discussed.

3:00 p.m. – 3:15 p.m.
Afternoon Break
3:15 p.m. – 4:00 p.m.
Risk Management Panel

Paul Herbers, Cooling & Herbers; Barry Campbell, AIG

Review recent litigation involving aircraft insurance claims to understand the actual issues that occur after a loss. Understanding your insurance policy, the limits on coverage and specific provisions is key to making sure your flight operation is protected. This session will use case studies from recent litigation to highlight the importance of focusing on aviation insurance as part of your transaction.

4:00 p.m. – 4:15 p.m.
Closing Remarks

Conference Sponsors

Gold

McAfee and Taft

Gold

AIC Title   DeeBee Gilchrist

TVPX

Silver

Aviation Management Systems   Bank of Utah
Crowell & Morning   Harper Meyer

McMillan

Silver

CUTTER   Jetex
Lapayowker   Jetex

Additional sponsorship opportunities are available. Please contact NBAA via sponsorships@nbaa.org to learn how you can become an important sponsor of the 2018 Business Aircraft Finance, Registration & Legal Conference..

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