Industries: Transportation

McGuireWoods LLP has significant experience in advising clients involved in the transportation industry, including across all major modes of transportation. We represent financial institutions, leasing companies, vessel owners, auto and marine dealers, transportation providers (including airlines, class I railroads, shippers, intermediaries and carriers), terminal operators and related companies in connection with domestic and international, single investor and syndicated, leveraged and investment grade loans, leveraged and single investor leases, customized sales finance programs for auto vendors, purchases and sales of assets, transportation contracts, aviation chartering, vessel charter parties, acquisition of domestic and foreign flagged vessels and similar matters. We also provide our transportation industry clients with a broad range of related services, including advising on legal and regulatory issues associated with real estate, environmental and commercial issues, employment, governmental affairs, vessel registrations, safety regulations and performance standards, litigation matters related to accidents, contract disputes and other transportation related issues, and international transactions, including laws governing the assessment of customs duties and the administration of import and export laws and regulations.

Practice Areas:

Auto Dealers and Motor Vehicles
Aviation
Maritime and Terminal Operations
Rail and Intermodal

Auto Dealers and Motor Vehicles

We represent financial institutions and administrative agents in connection with the structuring, documentation, closing and administration of various financings for motor vehicle dealers, transportation providers and manufacturing companies, including traditional floor plan loans, loans secured by, and TRAC leases of, fleets of automobiles and tractor trailers, dealership real property acquisition loans, asset-based loans secured by motor vehicle retail installment sale contracts and structured warehouse programs.

Aviation

Our aviation practice includes the representation of equity investors, lenders, agents, lessees and borrowers in financing transactions for corporate and commercial aircraft, including domestic and cross border leveraged leases, synthetic leases, true leases and loans in syndicated and single investor structures, portfolio acquisitions and sales and 1031 like-kind exchanges. In addition, we advise parties in connection with purchases and sales of corporate aircraft and the structuring of ownership and operation of corporate aircraft under the Federal Aviation Regulations.

Maritime and Terminal Operations

Our maritime practice provides regulatory compliance advice and represents clients in litigation. We advise clients in the complex area of vessel documentation and financing. Our breadth of experience includes transactions, regulatory issues, vessel registration issues, vessel construction projects, risk analysis, litigation and insurance coverage, oil pollution and environmental matters, cargo issues, dispute resolutions, contract negotiations for various kinds of maritime contracts, Federal Maritime Commission and Maritime Administration issues and charter agreements. We also have deep experience addressing the shipping needs of clients that involve both brown and blue water vessels. Our team has worked with a range of maritime industries, including terminal operators, logistics companies, vessel owners and charters, cargo interests, and charter parties in drafting charter agreements that allow clients the maximum flexibility in addressing their transportation and logistic needs, while minimizing the cost and risk allocated to the client.

Rail and Intermodal

We advise clients in connection with various financings and operating leases of railcars, locomotives and containers and rail portfolio transactions. In addition, we provide assistance with purchases and sales of various rail and intermodal equipment, including locomotives and railcars and components thereof. Our clients include financial institutions, leasing companies, class I railroads, shipping companies and intermodal companies.

Representative Transactions:

• Represented equity participant in a $164 million leveraged lease of rail cars to a rail car operating company.
• Represented equity investors in transfer of equity interest in aircraft leveraged leases, including the assignment of tax indemnity claims in connection with lessee’s bankruptcy.
• Represented export development agency in a $1.4 billion lease financing of railcars, locomotives and related maintenance facilities.
• Represented equity interests in a leveraged lease of six Embraer EMB-120 aircraft, with a Brazilian export guaranty to a commercial airline.
• Represented lessor in $11 million single investor TRAC lease of tractor-trailers to a chemical company.
• Represented lessor in $70 million portfolio sale of rail cars and locomotives.
• Represented company in three like-kind exchange transactions aggregating approximately $66 million involving aircraft.
• Represented purchaser in connection with creation of titling trust structure for two existing commercial vehicle lease purchase programs.
• Represented purchaser in connection with purchases of in excess of $600 million of locomotives and railcars.
• Represent lender in connection with $14 million loan secured by two corporate aircraft registered in Hong Kong.
• Regularly represent lender in connection with loans secured by corporate aircraft.
• Regularly represent lessor in connection with single investor tax leases for corporate aircraft.
• Regularly represent purchasers and sellers in connection with purchases and sales of corporate aircraft.
• Regularly represent lessee and lessors in connection with short term operating leases of railcars.
• Represented terminal operator in the construction of $500 million dollar container terminal.
• Regularly represent vessel owners in acquisitions and finance transactions.
• Regularly represent lender in connection with loans secured against documented vessels.
• Regularly represent owners of vessels in chartering and resolving charter disputes.
• Represented arranger and administrative agent in a $371 million syndicated secured floor plan facility for automobile retailer, including a new and used vehicle floor plan subfacility.
• Represented arranger and administrative agent in a $235 million syndicated secured credit facility for the acquisition and financing of automobile dealership real property.
• Represent lenders in various automobile dealership level floor plan financing arrangements ranging in size from $2.1 million to $11.7 million.
• Represented national automobile finance company in private sale to multi-seller asset-backed commercial paper conduits of $1.4 billion in variable funding certificates backed by motor vehicle retail installment sale contracts.
• Represented national leasing company in public issuance of $130 million in notes backed by motor vehicle lease contracts.