CIT Group turns to Smith Gambrell on Mexicana aircraft lease

Posted on December 4, 2008 10:32 by Andy Peters

The U.S. airline industry has been rocked by high fuel prices and decreased demand from business and pleasure travelers who are cutting back on spending during the recession.Mexicana 3

Just this week, Delta Air Lines Inc. announced it would cut seating capacity by as much as 8 percent next year.

The airline industry’s woes, however, haven’t completely iced the market for the acquisition and leasing of new aircraft. Smith, Gambrell & Russell partner Don Mitchell last month advised a subsidiary of CIT Group Inc. on leasing two new aircraft to Compañía Mexicana de Aviación SA de CV, better known as the airline Mexicana.

Mexicana will lease from CIT Aerospace two Airbus A330-200s for 10 years each. Financial terms of the leases weren’t disclosed. The new planes will enable Mexicana to launch a new daily flight to Madrid from its hub airport in Mexico City, Mitchell said.

The two Airbus aircraft had originally been ordered by British carrier XL Airways. But that airline went bust in September, freeing up the two Airbus planes for another airline to lease. There was “significant interest” from other airlines in addition to Mexicana in leasing the planes, Mitchell said.

“The market is not robust, but there are opportunities,” Mitchell said.

While many U.S. airlines are shrinking their fleets, international airlines continue to take new deliveries, Mitchell said. Middle East airlines, such as Emirates Airline, are especially active in taking new deliveries, he said.

CIT Aerospace is leasing the planes to Mexicana through operating leases, an increasingly popular method of aircraft finance, Mitchell said. Before the market crash this fall, most airlines acquired planes aircraft through debt financing. But with financing now more difficult to obtain, operating leases are gaining in popularity, although primarily outside the U.S., Mitchell said.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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