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Capstone Research Paper & Public Service Announcement (PSA) (100 points) – 35% of final grade 5–7-page research paper (25%) and PSA (10%) * must be a minimum of 5 pages, not including imag

Capstone Research Paper & Public Service Announcement (PSA) (100 points) – 35% of final grade

5–7-page research paper (25%) and PSA (10%) * must be a minimum of 5 pages, not including images. Images should not take up more than 50% of the page.

Formatting and Style for Required Paper

NO COVER PAGE, save paper/waste of space!1-inch margins on all sides (change default settings on word processing software if needed)APA style recommends using either a sans serif font such as 11-point Calibri, 11-point Arial, or 10-point Lucida Sans Unicode, or a serif font such as 12-point Times New Roman, 11-point Georgia, or 10-point Computer Modern. I require Times New Roman fontDouble Spaced with Left Justification (the right side appears ragged and uneven)Indent first line of every paragraph ½ inchName and date in first line of paper on first page (left justified)Title of paper on second line (centered)Page number in footer on bottom right of page

Background Information:

You are a Certified Health Education Specialist (CHES) that is seeking to conduct a needs assessment on your community and implement a health-related program. Please follow all steps that outlines your research paper. A summary of this research paper will serve as your Public Service Announcement (PSA) that will be uploaded to e-Portfolio along with your paper.

Title: Health Assessment Impact in (Name of your Community)

Steps in the Capstone Research Paper:

Step 1: You must a culturally-specific public health issue to be studied in the community you live in. You are to utilize Take Care New York 2020 (TCNY2020) data as a starting point for your research. Take Care New York 2020 (TCNY 2020) is the New York City Health Department’s blueprint for giving everyone a healthier life. Its goal is twofold — to improve everyone’s health, and to make greater strides with groups that have the worst health outcomes, so that our city becomes a more equitable place for everyone. TCNY 2020 looks at not only health factors, but also social factors, like how many people in a community graduate from high school or go to jail. Goals were created based upon differences in health outcomes by age, race/ethnicity, gender, education, neighborhood, poverty, immigration status, borough and sexual orientation. Aspects of daily life that affect health such as housing, employment and education were also examined. TCNY 2020 was broken into four (4) broad categories of goals:

•      Promote Healthy Childhoods

•      Create Healthier Neighborhoods

•      Support Healthy Living

•      Increase Access to Quality Care

The New York City Health Department shared neighborhood-specific data from the Health Department’s Community Health Profiles and asked community members to rank their top health priorities; the top priorities across the city were: reducing obesity, improving air quality, meeting mental health needs, increasing physical activity and reducing cigarette smoking.

Step 2: You are to select one of the top health priorities in your community. The TCNY 2020 document provides detailed information on each one of the four (4) broad goals. After selecting a culturally-specific public health issue, you are to connect that issue with one of the top health priorities. You are using the TCNY 2020 data and information to support justification for your proposed health related program. Images of the TCNY data tables, etc., could be included in this section.

Step 3: You are to search for research peer-reviewed literature, using LaGuardia’s library database, on the culturally-specific public health issue. You must select 2-3 peer-reviewed journals. Provide a summary for each of the articles, in APA 7 format, as it relates to the health condition and any interventions used or addressed by the authors to support justification for community-based program interventions. This section should also integrate an understanding of the health status of the cultural group/population; determinants of health and illness being investigated; ethnomedical approaches to addressing the public health concern.

Step 4: Needs Assessment – The Compassion Capital Fund National Resource Center outlines the many benefits of conducting a community needs assessment ( see p.5). The six-step process for conducting a community needs assessment is as follows:

Step 1: Define the Scope

Step 2: Decide to Go Solo or Collaborate

Step 3: Collect Data

Step 4: Determine Key Findings

Step 5: Set Priorities and Create an Action Plan

Step 6: Share Your Findings

For this research paper you will only focus on and complete the highlighted sections of Steps 1, 3, and 5. In Step 1 (Define the Scope), you must answer the following questions:

·         What are the demographics of my community (income levels, races/ethnicities, number of youth)?

·         Who are the faith- and community-based organizations serving people in my community? What services are they providing and to whom?

·         What services are local public agencies providing, and to whom? (Include law enforcement, probation, courts, schools, and workforce development.)

·         What community organizations focus on these issues? Are they delivering service in a meaningful way?

·         Are there partnering opportunities with other nonprofits or faith-based and community organizations?

·         What are the gaps in service to people in the community? What would a complete system look like?

Step 5: Methods –In Step 3 (Collect Data), this section should include a description of the methods used for collecting your data. This section should also include details on the selected theoretical framework used to guide the needs assessment, as well as praxis approach (critical race praxis, decolonialization praxis, or intersectionality praxis) you selected for this research project. Images of the theoretical frame and praxis approach could be included in this section.

Step 6: Results –In Step 5 (Set priorities and Create an Action Plan), you will write a brief description of the proposed health related program that you will implement for your community. This program can be fictitious or an existing program. If you are making a fictitious program, be creative when selecting the name and type of health-related program. If you select a program that is already in existence and being conducted by a community-based or governmental organization, please give the name of the program and the name of the sponsoring organization. In this section, explain how you, as the health educator, would ensure that community members are informed of this program, participate in this program, and how they would communicate to you the effectiveness of the program. Images related to your program could be included in this section.

Step 7: Conclusion –Your paper’s conclusion section should summarize the information from Step 1 (Define the Scope) and how it relates to the culturally-specific public health issue, the theoretical framework, praxis approach, and how program planning could impact the future of this public health issue. Highlight any limitations to getting your community involved (access, transportation, health literacy issues, cultural competency, ethnomedical practices vs. traditional medical practice, and end with the relevance of this project to public health practice.

References: All statements of fact in the text should be referenced and cited in your references. The journals used in the literature review should also be cited. Citations must be in APA 7 format. Refer to the Formatting and Style for Required Paper.

Title: Health Assessment Impact in (Name of your Community)

Capstone Research Paper Headers:

Culturally-Specific Health Issue

Top Health Priority of (Name of Your Community)

Literature Review

Needs Assessment

Methods

Results

Conclusion

PSA Format

Students will complete a brief PSA (3-5 minutes) discussing the key factors related to their Capstone Research Paper. The presentation must be video recorded. Your PSA should focus on highlighting the key factors from each step in your paper (i.e., introduction to the cultural-focused population; culturally-related health issues, selected theoretical framework – praxes (critical race praxis, decoloniality praxis, intersectionality praxis); your methods section, results section, and conclusion. You should upload your recorded PSA in your ePortfolio for review and assessment toward your capstone presentation requirement. 

Capstone Research Paper and PSA Grading:

·         Points will be deducted for not following APA guidelines and/or not completing PSA- *No late papers accepted.

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Imagine that you are a health informatics specialist and you have been called into a board of directors meeting at a local health care organization. This organization is consid

Assignment Content

Imagine that you are a health informatics specialist and you have been called into a board of directors meeting at a local health care organization. This organization is considering adding some more up-to-date informatics tools, and they would like you to provide information that will help them make an informed decision.

Write a report that explains the following information to the board:

summarizes the differences between electronic medical records (EMRs) and electronic health records (EHRs) and how each type of record can impact patient safety,

explains how the adoption of electronic health records has improved the quality of patient care in health care organizations, anddescribes how informatics tools can help keep patients engaged in their own health.

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Competency 1: Evaluate sustainable competitive advantages for Walmart through SWOT analyses. This reflection activity is comprised of two sections, collectively totaling a minimum of 500 words. Complete your reflections by responding

Competency 1: Evaluate sustainable competitive advantages for Walmart through SWOT analyses.

This reflection activity is comprised of two sections, collectively totaling a minimum of 500 words. Complete your reflections by responding to all prompts.

Strategic Management Process

The strategic management process is key to the leadership of a company. Discuss the difference between the strategic management process and the day-to-day management of the organization. Include specific examples to support your response.

How a Company’s Internal Environment Affects the Development of the Corporate Strategy

Discuss how a company’s internal environment might affect the development of the corporate strategy. Include product life cycle, personnel, and organizational structure in your discussion as these components must receive consideration for success of any strategy.  

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5N2770: Skills Demonstration: You are required to write three reports on the following skills/tasks undertaken within the care setting: QQI level 5 Care Skill, Assignment , OC, Ireland

Guidelines:

You are required to write three reports on the following skills/tasks undertaken within the care setting:

Task 1: Assisting a client with a meal or feeding a client a meal.

Task 2: Assisting a client with Personal Hygiene {tub-bath, bed bathing or showering}

Task 3: Assisting a client to a commode or assisting with toileting a client or emptying a catheter bag.

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Your reports will be assessed on the following:

  • Efficient preparation for and execution of each task
  • Effective communication with client(s) during each task
  • Clear ability to report and/or respond to questions, and communicate with other members of the healthcare team
  • Comprehensive understanding and implementation of health and safety requirements
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5N2770: Discussion on the needs of a person who is at risk of developing a pressure ulcer: QQI level 5 Care Skill, Assignment 2, OC, Ireland

Write a comprehensive discussion on the needs of a person who is at risk of developing a pressure ulcer. Your assignment will be assessed on the following:

  • Comprehensive description of client’s needs.
  • Accurate identification of assistance required.
  • Clear recommendations on an effective course of action to better meet client’s needs.
  • Evidence of reflection as a result of 6 weeks work experience.
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Demonstrate a consolidation of their confidence and competence as an employee support and wellbeing practitioner: BA in Employee Support & Wellbeing: Work-based Project, Assignment, SETU, Ireland

This module requires students to demonstrate a consolidation of their confidence and competence as an employee support and wellbeing practitioner through the application to practice of the knowledge and skills acquired from this programme. Students will submit a work-based project that relates to the proposed development of an aspect of practice in their workplace as an employee support and wellbeing practitioner.

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Learning Outcomes

On successful completion of this module, a student will be able to:

1. Demonstrate an ability to identify a practice area/initiative that requires development in the workplace within an employee support and wellbeing context.

2. Demonstrate evidence to source, interpret and discuss relevant evidence that supports a project initiative.

3. Produce a clear and concise report that draws together the evidence that supports a project initiative.

4. Create a reflective journal about personal and professional practice and how it relates to the development initiative.

5. Demonstrate evidence to identify and reflect on what you have learned in relation to your development initiative and how this might be applied to your workplace.

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Freddy executed a purchase agreement with Airbus S.A.S., a French manufacturer of aircraft (the “Manufacturer”) in 2019 for the purchase of 10 A320 aircraft: Diploma In Aviation Leasing And Finance, Assignment, UOL, Ireland

Question 3

Freddy executed a purchase agreement with Airbus S.A.S., a French manufacturer of aircraft (the “Manufacturer”) in 2019 for the purchase of 10 A320 aircraft. One of the aircraft is due to be delivered in August 2024. The aircraft will be leased to Addis Air Limited (the “Lessee”) an airline incorporated in Ethiopia. The lessor will be a special purpose company incorporated in Bermuda and tax resident in Ireland, with a registered office in Ireland (the “Lessor”). The lease will be governed by English law and the aircraft will be registered in Ethiopia at delivery.

The acquisition of the aircraft will be financed by way of a loan from a bank incorporated in Germany (the “Lender”). The security package required by the Lender includes (i) an English law governed security assignment over the lease, (ii) an Ethiopian law governed aircraft mortgage, (iii) an English law governed security assignment over the lease, and (iv) an IDERA issued by the Lessee in favour of the Lender. Freddy’ lawyers have also explained that a Lessee Notice & Acknowledgement of the Lease Security Assignment & Quiet Enjoyment Letter will need to be prepared in connection with the financing of the aircraft.

Please assume that (i) the airframe and engines constitute “aircraft objects” for the purposes of the Cape Town Convention, (ii) each document which may constitute an international interest meets the requirements of the Cape Town Convention, and (iii) each document which may constitute an assignment of associated rights meets the requirements of the Cape Town Convention.

Please obtain an up-to-date list of Contracting States from https://www.unidroit.org/status-2001capetown-aircraft and please advise Freddy on the following:

(a) Specify who the “debtor” is for the purposes of the Cape Town Convention with respect to

(i) the operating lease,

(ii) the bill of sale, and

(iii) the Ethiopian law governed mortgage, and

(iv) the lease security assignment, to be entered into in the scenario outlined above.

(b) Outline the registrations that would be carried out on the International Registry based on the scenario above, specifying:

(i) the type of registration in each case;

(ii) the aircraft object(s) to which each registration relates; and

(iii) the likely order of priority of the registrations.

(c) Outline if you would make any changes to your answers at (b) above if the
Lessee was not situated in a Contracting State but the aircraft remained
registered in Ethiopia.

(d) Outline the purpose of (i) the IDERA, (ii) the Ethiopian law governed
aircraft Mortgage, (iii) the English law governed security assignment over
the lease, and (iv) the Lessee Notice & Acknowledgement and Quiet
Enjoyment Letter in the context of the secured aircraft financing
described above.

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Freddy has entered into a letter of intent with another leasing company for the purchase of one Boeing 737 aircraft on lease to Clear Sky Airways (“Clear Sky”): Diploma In Aviation Leasing And Finance, Assignment, UOL, Ireland

Part B

Question 2

Freddy has entered into a letter of intent with another leasing company for the purchase of one Boeing 737 aircraft on lease to Clear Sky Airways (“Clear Sky”), a Saudi Arabian low-cost carrier which specialises in “desert-hopping” short haul flights around the Arabian Peninsula.

The seller has provided Freddy with copies of the operating lease and related documents for review before the sale & purchase agreement is executed. Freddy observes the following: (i) the legal owner of the aircraft is a trust company incorporated in Ireland (the “Trustee”), (ii) the Trustee leases the aircraft to Clear Sky, (iii) Clear Sky does not pay monthly maintenance rent but instead has provided a maintenance letter of credit of $1,000,000, (iii) Clear Sky has paid a cash security deposit of $200,000, (iv) the operating lease is governed by English law, (v) Clear Sky has executed a Deregistration Power of Attorney, Assignment of Insurances and Air Traffic Control Letter in favour of the existing lessor.

Freddy has informed the seller that it does not wish to lease the aircraft using an owner trust structure, and that it would prefer to purchase and lease the aircraft using an Irish incorporated special purpose company (the “New Lessor”).

Freddy will obtain financing for the aircraft from a group of lenders, led by a German bank who will act as security trustee (the “Security Trustee”). The term sheet for the financing provides that (i) the New Lessor will be the borrower under the Loan Agreement, (ii) the New Lessor must be a newly incorporated orphan special purpose company, (ii) Freddy will issue a guarantee in favour of the Security Trustee of the New Lessor’s obligations as borrower under the Loan Agreement, (iii) the New Lessor will execute a mortgage and lease security assignment in favour of the Security Trustee, (iv) the loan will be governed by English law.

(a) The aircraft will be sold to the New Lessor with the operating lease to Clear Sky attached. Explain what documents and other arrangements will need to be made in connection with the transfer of the lease? How would these arrangements differ if Freddy decided to retain the trust structure?

(b) What is meant by the terms ‘limited recourse’ and ‘full recourse’ and explain whether you would expect recourse to the New Lessor and Freddy in this transaction to be limited or full recourse and why.

(c) Clear Sky has complained to Freddy’s commercial team that the maintenance rent rate for the engine performance restoration shop visit is very high and they would like the rate to be reduced in connection with the transfer of the lease to Freddy. Explain what factors the seller may 5 have taken into account when deciding on a high maintenance rent rate when the operating lease was first negotiated.

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Freddy Leasing Limited (“Freddy”) is an aircraft leasing company that is incorporated and tax resident in the Republic of Ireland: Diploma In Aviation Leasing And Finance, Assignment, UOL, Ireland

Part A

Question 1

Freddy Leasing Limited (“Freddy”) is an aircraft leasing company that is incorporated and tax resident in the Republic of Ireland and has been in business for just over 10 years. Freddy has a portfolio of forty aircraft leased to commercial airlines across the globe. All the aircraft are subject to secured debt financing with European banks. Several of the operating leases are due to expire in late 2024 / early 2025. Freddy’s commercial team is focused on finding new lessees for these aircraft as soon as possible, but competition with other lessors is fierce.

Freddy is in the early stages of negotiating a non-binding letter of intent (“LOI”) with an airline in Australia, Gili Airways (“Gili”) for the operating lease of two used A320 aircraft for 12 years. These aircraft are due to return from the current lessee in 6 months. Gili is a very profitable airline with consistently strong financial results over the past 15 years and is part of a hugely successful Australian travel services conglomerate. Freddy’s commercial team are very keen to add Gili as a lessee customer.

Freddy also leases one A330 and one A320 aircraft to a small airline in Greece, MoveOver Air (“MOA”), pursuant to standard operating lease agreements. MOA is reliant on strong passenger demand during the summer months to generate enough revenue to pay lease rentals and is often in arrears during the winter months. This year, due to forest fires in Greece, passenger demand is very weak, and MOA’s financial condition is deteriorating quickly. Each operating lease provides for

(i) fixed monthly rental ($220,000 for the A320 and $420,00 for the A330),

(ii) typical events of default,

(iii) monthly maintenance rent, and

(iv) security deposits ($440,000 cash for the A320 and $840,000 in a letter of credit for the A330).

(a) The draft LOI provides that Gili will pay (i) $500,000 cash security deposit at delivery of the aircraft, and (ii) monthly cash maintenance rent throughout the lease term. Gili does not agree that it should pay these amounts and instead has suggested (i) it will provide a security letter of credit of $250,000 from a domestic retail bank in Australia, and (ii) it will pay end of lease compensation instead of monthly maintenance rent. Gili states that other lessors have agreed to these conditions. Advise Freddy on what to consider when assessing these proposals.

(b) Freddy typically sets up Irish incorporated special purpose companies (“SPCs”) to lease aircraft to lessees. Freddy’s tax team has advised that Ireland does not have a double-tax treaty with Australia. Explain how this will affect the leasing structure with Gili and propose an alternative structure.

(c) In the LOI negotiations, Gili is refusing to accept that the lessor should have inspection rights over the aircraft. Gili states that it should have rights to quiet enjoyment over the aircraft at all times, as it takes all operational risk during the lease term. Explain whether Freddy should accept this position.

(d) Freddy recently received a notice from an insurance broker that MOA has not paid its insurance premium for July 2024. As a result, the broker states that the insurance policy cover for the leased aircraft will be cancelled in 30 days. MOA subsequently confirms to Freddy by email that it intends to pay the insurance premium next week, before the cancellation is effective, but that to save costs, from July 2024 it intends to amend the insurance coverage by reducing the aggregate limits and increasing the deductibles. Advise Freddy on (i) what provisions of the operating leases it should review now, and (ii) what contractual remedies may be available to it under the operating leases if the insurance policy is cancelled.

(e) MOA’s financial condition continues to deteriorate over the summer. To reduce operational costs, MOA decides to stop operating the A330 aircraft for the rest of the year and subsequently stops all payments of rent and maintenance rent. Arrears of $1,200,000 have accumulated. MOA continues to operate the A320 aircraft daily, and it has become a key revenue generator for the airline on domestic routes. MOA is making all the rent and maintenance rent payments under that lease. MOA’s legal team has advised it to rely upon the cross-default and cross collateralisation clauses in the leases. Explain (i) the difference between cross-default and crosscollateralisation in the context of operating leases, and (ii) how these clauses can be used by Freddy in this situation to improve its position.

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Diploma In Aviation Leasing And Finance, Assignment, UOL, Ireland

Part A

Question 1

Freddy Leasing Limited (“Freddy”) is an aircraft leasing company that is incorporated and tax resident in the Republic of Ireland and has been in business for just over 10 years. Freddy has a portfolio of forty aircraft leased to commercial airlines across the globe. All the aircraft are subject to secured debt financing with European banks. Several of the operating leases are due to expire in late 2024 / early 2025. Freddy’s commercial team is focused on finding new lessees for these aircraft as soon as possible, but competition with other lessors is fierce.

Freddy is in the early stages of negotiating a non-binding letter of intent (“LOI”) with an airline in Australia, Gili Airways (“Gili”) for the operating lease of two used A320 aircraft for 12 years. These aircraft are due to return from the current lessee in 6 months. Gili is a very profitable airline with consistently strong financial results over the past 15 years and is part of a hugely successful Australian travel services conglomerate. Freddy’s commercial team are very keen to add Gili as a lessee customer.

Freddy also leases one A330 and one A320 aircraft to a small airline in Greece, MoveOver Air (“MOA”), pursuant to standard operating lease agreements. MOA is reliant on strong passenger demand during the summer months to generate enough revenue to pay lease rentals and is often in arrears during the winter months. This year, due to forest fires in Greece, passenger demand is very weak, and MOA’s financial condition is deteriorating quickly. Each operating lease provides for (i) fixed monthly rental ($220,000 for the A320 and $420,00 for the A330), (ii) typical events of default, (iii) monthly maintenance rent, and (iii) security deposits ($440,000 cash for the A320 and $840,000 in a letter of credit for the A330).

(a) The draft LOI provides that Gili will pay (i) $500,000 cash security deposit at delivery of the aircraft, and (ii) monthly cash maintenance rent throughout the lease term. Gili does not agree that it should pay these amounts and instead has suggested (i) it will provide a security letter of credit of $250,000 from a domestic retail bank in Australia, and (ii) it will pay end of lease compensation instead of monthly maintenance rent. Gili states that other lessors have agreed to these conditions. Advise Freddy on what to consider when assessing these proposals.

(b) Freddy typically sets up Irish incorporated special purpose companies (“SPCs”) to lease aircraft to lessees. Freddy’s tax team has advised that Ireland does not have a double-tax treaty with Australia. Explain how this will affect the leasing structure with Gili and propose an alternative structure.

(c) In the LOI negotiations, Gili is refusing to accept that the lessor should have inspection rights over the aircraft. Gili states that it should have rights to quiet enjoyment over the aircraft at all times, as it takes all operational risk during the lease term. Explain whether Freddy should accept this position.

(d) Freddy recently received a notice from an insurance broker that MOA has not paid its insurance premium for July 2024. As a result, the broker states that the insurance policy cover for the leased aircraft will be cancelled in 30 days. MOA subsequently confirms to Freddy by email that it intends to pay the insurance premium next week, before the cancellation is effective, but that to save costs, from July 2024 it intends to amend the insurance coverage by reducing the aggregate limits and increasing the deductibles. Advise Freddy on (i) what provisions of the operating leases it should review now, and (ii) what contractual remedies may be available to it under the operating leases if the insurance policy is cancelled.

(e) MOA’s financial condition continues to deteriorate over the summer. To reduce operational costs, MOA decides to stop operating the A330 aircraft for the rest of the year and subsequently stops all payments of rent and maintenance rent. Arrears of $1,200,000 have accumulated. MOA continues to operate the A320 aircraft daily, and it has become a key revenue generator for the airline on domestic routes. MOA is making all the rent and maintenance rent payments under that lease. MOA’s legal team has advised it to rely upon the cross-default and cross collateralisation clauses in the leases. Explain (i) the difference between cross-default and crosscollateralisation in the context of operating leases, and (ii) how these clauses can be used by Freddy in this situation to improve its position.

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Part B

Question 2

Freddy has entered into a letter of intent with another leasing company for the purchase of one Boeing 737 aircraft on lease to Clear Sky Airways (“Clear Sky”), a Saudi Arabian low-cost carrier which specialises in “desert-hopping” short haul flights around the Arabian Peninsula.

The seller has provided Freddy with copies of the operating lease and related documents for review before the sale & purchase agreement is executed. Freddy observes the following: (i) the legal owner of the aircraft is a trust company incorporated in Ireland (the “Trustee”), (ii) the Trustee leases the aircraft to Clear Sky, (iii) Clear Sky does not pay monthly maintenance rent but instead has provided a maintenance letter of credit of $1,000,000, (iii) Clear Sky has paid a cash security deposit of $200,000, (iv) the operating lease is governed by English law, (v) Clear Sky has executed a Deregistration Power of Attorney, Assignment of Insurances and Air Traffic Control Letter in favour of the existing lessor.

Freddy has informed the seller that it does not wish to lease the aircraft using an owner trust structure, and that it would prefer to purchase and lease the aircraft using an Irish incorporated special purpose company (the “New Lessor”).

Freddy will obtain financing for the aircraft from a group of lenders, led by a German bank who will act as security trustee (the “Security Trustee”). The term sheet for the financing provides that (i) the New Lessor will be the borrower under the Loan Agreement, (ii) the New Lessor must be a newly incorporated orphan special purpose company, (ii) Freddy will issue a guarantee in favour of the Security Trustee of the New Lessor’s obligations as borrower under the Loan Agreement, (iii) the New Lessor will execute a mortgage and lease security assignment in favour of the Security Trustee, (iv) the loan will be governed by English law.

(a) The aircraft will be sold to the New Lessor with the operating lease to Clear Sky attached. Explain what documents and other arrangements will need to be made in connection with the transfer of the lease? How would these arrangements differ if Freddy decided to retain the trust structure?

(b) What is meant by the terms ‘limited recourse’ and ‘full recourse’ and explain whether you would expect recourse to the New Lessor and Freddy in this transaction to be limited or full recourse and why.

(c) Clear Sky has complained to Freddy’s commercial team that the maintenance rent rate for the engine performance restoration shop visit is very high and they would like the rate to be reduced in connection with the transfer of the lease to Freddy. Explain what factors the seller may 5 have taken into account when deciding on a high maintenance rent rate when the operating lease was first negotiated.

cta_questtion_1

Question 3

Freddy executed a purchase agreement with Airbus S.A.S., a French manufacturer of aircraft (the “Manufacturer”) in 2019 for the purchase of 10 A320 aircraft. One of the aircraft is due to be delivered in August 2024. The aircraft will be leased to Addis Air Limited (the “Lessee”) an airline incorporated in Ethiopia. The lessor will be a special purpose company incorporated in Bermuda and tax resident in Ireland, with a registered office in Ireland (the “Lessor”). The lease will be governed by English law and the aircraft will be registered in Ethiopia at delivery.

The acquisition of the aircraft will be financed by way of a loan from a bank incorporated in Germany (the “Lender”). The security package required by the Lender includes (i) an English law governed security assignment over the lease, (ii) an Ethiopian law governed aircraft mortgage, (iii) an English law governed security assignment over the lease, and (iv) an IDERA issued by the Lessee in favour of the Lender. Freddy’ lawyers have also explained that a Lessee Notice & Acknowledgement of the Lease Security Assignment & Quiet Enjoyment Letter will need to be prepared in connection with the financing of the aircraft.

Please assume that (i) the airframe and engines constitute “aircraft objects” for the purposes of the Cape Town Convention, (ii) each document which may constitute an international interest meets the requirements of the Cape Town Convention, and (iii) each document which may constitute an assignment of associated rights meets the requirements of the Cape Town Convention.

Please obtain an up-to-date list of Contracting States from https://www.unidroit.org/status-2001capetown-aircraft and please advise Freddy on the following:

(a) Specify who the “debtor” is for the purposes of the Cape Town Convention with respect to

(i) the operating lease,

(ii) the bill of sale, and

(iii) the Ethiopian law governed mortgage, and

(iv) the lease security assignment, to be entered into in the scenario outlined above.

(b) Outline the registrations that would be carried out on the International Registry based on the scenario above, specifying:

(i) the type of registration in each case;

(ii) the aircraft object(s) to which each registration relates; and

(iii) the likely order of priority of the registrations.

(c) Outline if you would make any changes to your answers at (b) above if the
Lessee was not situated in a Contracting State but the aircraft remained
registered in Ethiopia.

(d) Outline the purpose of (i) the IDERA, (ii) the Ethiopian law governed
aircraft Mortgage, (iii) the English law governed security assignment over
the lease, and (iv) the Lessee Notice & Acknowledgement and Quiet
Enjoyment Letter in the context of the secured aircraft financing
described above.

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