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Holland & Knight LLP

31 WEST 52ND STREET, NEW YORK, NY 10019, USA
Tel:
Work +1 212 513 3200
Fax:
Fax +1 212 385 9010
Email:
Web:
www.hklaw.com

Phillip L. Durham

Tel:
Work +1 212.513.3381
Email:
Web:
www.hklaw.com
Holland & Knight LLP

Work Department

Aircraft Finance
Structured Finance
Aviation
Business Aviation
International and Cross Border Transactions
Latin America Practice
Equipment Financing & Leasing

Position

Partner

Career

Phillip Durham is a partner in the New York office of Holland & Knight. His practice focuses on domestic and cross-border asset-based financing, leasing, acquisitions, sales and securitizations, with a particular emphasis on aviation and equipment finance in Latin America, the Middle East, Africa and Asia.

Mr. Durham's client roster includes some of the biggest names in aviation finance for which he has handled billions of dollars of transactions around the globe, including Airline Economics’ 2015 Debt Deal of the Year, the Airfinance Journal's 2015 North American deal of the year, the Airfinance Journal’s capital markets deal of the year and Jane's Transport Finance's aviation deal of the year. His work on behalf of these clients, in addition to his leadership in the industry, has resulted in him garnering numerous industry accolades. Mr. Durham represents operating lessors, international financial institutions, airlines, private equity firms, high-net-worth individuals and investors in connection with all manner of equipment operating leases, equipment sales and acquisitions, asset-backed financings, credit facilities and capital markets offerings, such as portfolio securitizations and asset-backed bond issuances. Mr. Durham also has significant experience in negotiating restructurings of equipment finance transactions and assisting with foreclosures, repossessions and the remarketing of aircraft, aircraft engines and aircraft spare parts in jurisdictions all over the world.

In addition to his work around the globe, Mr. Durham has dedicated himself to sharing his substantial knowledge of the equipment finance industry. He has had numerous speaking engagements, from addressing the Colombian financial services industry in Bogotá (with respect of secured transaction reforms), to speaking at the Latin American Airfinance conference in Rio de Janeiro, to presenting at the Cape Town Academic Conference at Oxford University. Mr. Durham is a current member of Executive Board of Directors for the Mining, Agricultural and Construction Equipment Working Group and has been actively involved in the study group tasked by UNIDROIT with developing a 4th Protocol to the Cape Town Convention covering mining, agricultural and construction equipment. His depth and breadth of experience in aviation finance transactions in Latin America also led to him being appointed to co-direct the annual Euromoney School of Aviation Finance in Latin America. Closer to home, he acts as the chairman of the American Bar Association's Aircraft Financing Subcommittee.

Member

American Bar Association, Aircraft Financing Subcommittee, Chair
Aviation Working Group, Legal Advisory Panel
Mining, Agricultural and Construction Equipment Working Group, Executive Board of Directors
Wings Club
International Society of Transport Aircraft Trading
American Bar Association, Business Section; Air and Space Law Forum, Aircraft Finance and Contracts Division
Legal Services for Entrepreneurs, Advisory Board, 2004-2011

Education

University of Iowa College of Law, J.D.
Creighton University, B.A.


Latin America: International firms

Banking and finance

Within: Banking and finance

Holland & Knight LLP's commitment to Latin America has been a notable feature of the firm's global strategy. It has a significant team of Latin America-focused attorneys in its Miami and New York offices along with well established offices in Mexico City and Bogota. It has made a particular impression in infrastructure finance, especially the 4G toll road programme in Colombia; this is in part thanks to the presence of key Miami and New York partner Norberto Quintana. Clients include Banco Latinoamericano de Comercio Exterior (Bladex), Belize Sugar Industries, Buenavista Renewables, Financiera de Desarrollo Nacional (FDN), MUFG Bank, SMBC Aviation Capital, Banco Santander, Banco Sabadell and Wells Fargo. It advised FDN, ColombiaŽs infrastructure development bank, as credit enhancement provider for the Ruta del Cacao project financing, part of ColombiaŽs 4G road infrastructure initiative. It also advised Bladex as sole lead arranger and bookrunner on a $145m unsecured syndicated loan for Banco Aliado. The practice has 'great lawyers' who are 'hands on'. Stephen Double has a long track record with Bladex, the Panamanian quasi-bank, and is 'always zealous for his client but easy to work with'; he has a fine record in syndicated loans, project bonds, securitisation and structured finance. Peter Baumgaertner has joined the firm, along with senior counsels Daniel Brown and Frank Vivero , from Pillsbury Winthrop Shaw Pittman, LLP to reinforce its standing in Latin America energy and infrastructure financings. Phillip Durham specialises in Latin America aviation finance, particularly for leasing companies. Named individuals are based in New York unless stated.

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United States: Industry focus

Transport: aviation and air travel - finance

Within: Transport: aviation and air travel - finance

Holland & Knight LLP is ‘well aware of the details of every case’, and with ‘offices on the East and West coasts, as well as London, its aircraft deal team never sleeps’. The practice group handles a range of domestic and cross-border aviation finance transactions and is particularly noted for its ‘strong lessor practice’. Phillip Durham advised BBAM on the lease, portfolio financing and acquisition of 14 engines from Air Asia, which is part of the $1.2bn acquisition by BBAM of the Air Asia Capital portfolio. In San Francisco, William Piels and Nathan Leavitt advised GE Capital Aviation Services (GECAS) on the sale of eight narrow-body aircraft to Haitong, which was coupled with an agreement for GECAS to service the related leases. In addition, the team is praised for its ‘great approach to transactions involving parties in Latin America’. Richard Furey, who is ‘passionately client-driven’, and Fred Bass are also key figures, as are Brian Daigle and San Francisco-based Carrie Friesen-Meyers, who is ‘super-productive’. John Pritchard heads the team with Durham, who ‘makes the complex so simple’ and acts as deputy practice group chair for the global transportation finance department. Named individuals are based in the firm’s New York office unless otherwise noted.

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