Elisabeth McCarthy

Elisabeth M. McCarthy’s practice focuses on all aspects of domestic and cross-border business aviation and helicopter financing transactions.

Lisa’s practice includes advising lessors, lenders, lessees, borrowers and aircraft owners on all aspects of business aircraft and helicopter financing and leasing matters, including acquisition of aircraft title, delivery, registration, lien perfection and release issues, loan and lease negotiation, management, charter and sublease arrangements, lease termination and aircraft return, exercise of end of lease purchase options and aircraft sales.

Lisa also has extensive experience assisting lessors and lenders with portfolio divestitures, syndicating transactions, and general corporate and compliance matters.

Prior to joining Hunton Andrews Kurth, Lisa served as General Counsel for a private equity sponsored aviation finance company. She also served as Senior Counsel at an aircraft finance company specializing in business aviation transactions.

Experience:

• Advises clients on domestic and cross-border aircraft and helicopter loan and lease financing transactions, including all aspects of registering and perfecting interests with the Federal Aviation Administration (FAA), the International Registry (IR), and foreign registries in numerous jurisdictions.
• Counsels clients in connection with the purchase and sale of business aircraft and helicopters, including negotiation of purchase and sale agreements, progress payment arrangements and recording and clearing liens on record with the FAA and the IR.
• Provides guidance on routine operational matters associated with owning and leasing business aircraft, including management, charter, sublease, insurance and hangaring arrangements.
• Drafts and negotiates aircraft lease amendments, modifications, novation agreements and assignments.
• Counsels clients in connection with aircraft and helicopter completion, outfitting and modifications and engine substitutions and replacements, including drafting and negotiating related documentation.
• Represented lessor in negotiating aircraft operating lease agreements for multiple aircraft leased to a single lessee with subsequent syndication to third party lessors.
• Participated with industry trade groups in monitoring the FAA’s regulatory changes for the re-registration of aircraft and use of non-citizen trusts for domestic aircraft transactions, personally delivering a presentation to the FAA, the Office of Management and Budget, and Department of Transportation outlining the economic impact of the reregistration rule on the industry.
• Advised aircraft lessor/lender regarding the enforcement of financing arrangements and repossession of aircraft from defaulting customers and subsequent profitable redeployment of aircraft through aircraft sales and releases.
• Represented large aviation finance company in structuring and negotiating the portfolio sale of over 300 business jets in the United States, Canada and Latin America for approximately $2.5 billion.
• Represented aviation lessor in structuring and negotiating the portfolio sale of 57 helicopters to a new Canadian lessor.
• Advised lessor/lender regarding anti-money laundering, know your customer and Foreign Corrupt Practices Act compliance associated with new and existing customer portfolio.

EDUCATION:

• JD, Fordham University School of Law, 1993
• AB, Georgetown University, 1988

BAR ADMISSIONS:

• New York