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Kimbrough & Associés

Paris, France

Air and Space

Our firm has represented clients in connection with various commercial contracts relating to international passenger jets as well as medium to small propeller and jet aircraft, such as purchase, charter, operating, ground handling, interline, seat sale, reservations, representation of one airline by another, employee reduced fares, engine leases, engine maintenance, installation of buyer supplied equipment, U.S. export regulations applicable to U.S.-manufactured engines for passenger aircraft, involving a number of aircraft manufacturers and airlines in Europe, Africa and the Middle East.

Examples of Matters Relating to Aviation :

  • Representation of a French aircraft manufacturer in dealings with the U. S. administrative agency governing exports to obtain authorization to export aircraft motors to be incorporated in an aircraft sold to Iran.
  • Verification of registration of aircraft with the French Civil Aviation Aircraft Registration Office.
  • Research and consultation regarding airline authorizations delivered by French authorities.
  • Legal analysis of purchase and finance agreements for 69 aircraft of different manufacture financed on a case-by-case basis (ATR 20, ATR 42, AIR 72, Beechcraft 99, Embraer 120, Fairchild 227, Fokker 28, Fokker 100, King 200).
  • Legal opinion as to the structure of a multi-tiered finance lease arrangement for financing a Fokker 100 with Japanese funds, through an Irish joint venture formed among Irish subsidiaries of several airline companies and French financial institutions.
  • Legal audit of an option agreement for the purchase of 8 Fokker 100s.
  • Analysis of an agreement for the purchase of an aircraft financed by French regional development entities.
  • Legal opinion as to a syndicated aircraft finance loan among nine French and German financial institutions and an Irish borrower.
  • Legal audit of a contract by which the members of a GIE funded its account to finance part of the purchase of an aircraft for the purpose of limiting the GIE's reliance on bridge loans.
  • Legal audit of a number of financial undertakings, involving financing of spare parts, purchase of shares, mandatory loans, and loan and subsidy contracts granted by French local authorities.

Examples of Matters Relating to the Space Industry :

  • Negotiation and drafting of agreements between a French joint venture company and an entity managing the launching and marketing of satellites, including the master agreement and various related standard contracts between the joint-venture company having access rights to the satellite and the end users of the services.
  • Preparation of an opinion for a group of space industries, on European competition laws and application of same to space-related activities.
  • Negotiation and drafting of a joint venture agreement in the telecommunications sector between a subsidiary handling space-related activities of a French-based multinational company and a medium-sized American company having developed software capable of tracking a mobile unit on the surface of the earth by satellite. Drafting and negotiating twenty-two contracts to implement legal, tax, and commercial goals of the joint venture, including manufacturing, distribution and trademark license agreements. Formation of the French corporation.
  • Legal opinion for a government ministry on transnational transmission of computerized information by satellite, involving consideration of applicable law, rules concerning ownership and security interests, as well as taxation and contract law.
  • Legal audit of an R&D contract in the telecommunications sector concerning aspects of intellectual property, between a national French transport company and an American corporation, in connection with the formation of a joint subsidiary made up of companies of various nationalities.
  • Legal assistance to an American firm in a suit arising from the mechanical breakdown of a satellite.