| Home / Blog
US Senate Gives $61 Billion Relief Package In Covid-19 for Aviation Industry

US Senate Gives $61 Billion Relief Package In Covid-19 for Aviation Industry

Posted by-Lawerslog
Member Since-29 Dec 2015

The Cares Act marks the next round of financial stimulation in reaction to the epidemic of this coronavirus disorder in 2019 (COVID-19). Under Title IV of the CARES Act (also referred to as the Coronavirus Economic Stabilization Act of 2020 or the Act), Senators accepted $500 billion in federal aid to severely distressed businesses of the market as a portion of the bigger $2 trillion stimulation package. 

$17 billion in loans and loan guarantees will be accessible for companies crucial to the national security of the USA, and $454 billion will be accessible to backstop that the Federal Reserve's emergency financing centers.

The Act provides much-needed liquidity assistance to the US aviation sector, a significant section of the US market that's directly responsible for at least 750,000 jobs which support over 10 million extra jobs. At the same time, the Act includes a number of the defenses for the national authorities which were constructed into the post-9/11 support measures provided to airlines.

This advisory will center on the particular portions of this Act that will affect companies in the USA aviation industry. A summary of those provisions is set forth below.

Loans and loan guarantee As much as $25 billion are currently available to passenger air compressors, Part 145 aircraft repair station operators, and ticket brokers. As much as $4 billion is currently available to freight air carriers. Loans and loan guarantees made by the Treasury Secretary could be altered, restructured, or amended, but no loan or loan guarantee under the application is eligible for loan forgiveness.

Loan eligibility conditions -- To be eligible for a loan or loan guarantee under the Act, airlines have to be an"aviation" (as described under section 40102 of Title 49 of the United States Code (the Transportation Code). Aircraft repair station operators have to be licensed under Part 145 of title 14, Code of Federal Regulations, and also be authorized to do an inspection, repair, replacement, or overhaul services. Ticket agents have to be a"ticket broker," as described under section 40102 of the Transportation Code. After an application process, that the Treasury Secretary may enter into a loan or loan guarantee agreement with a debtor if it decides (in its discretion) that:

  • A charge isn't reasonably accessible to the applicant at the time of this trade;
  • The planned responsibility is sensibly incurred by the applicant.

Application processes -- The Treasury Secretary must print as soon as practicable following the date of enactment of this Act, but in no instance later than 10 days afterward, procedures for the program and minimal requirements, which might be supplemented from time to time from the Treasury Secretary's discretion for making loans and loan guarantees under the Act.

Needed terms and conditions The loans and loan guarantees will be in the form and on the terms, conditions, representations, guarantees, and prerequisites (such as audit requirements) since the Treasury Secretary determines appropriate. The Act needs loan and loan guarantee agreements to supply specific terms and conditions, such as:

  • Interest rate -- The Treasury Secretary will establish the applicable interest rate depending on the danger and the current average yield on outstanding Treasury obligations of comparable maturity;
  • Collateral -- The most appropriate loan or loan guarantee is satisfactorily guaranteed or has been made a rate which (1) reflects the danger of the loan or loan guarantee and (2) is, to the extent practicable, less the interest rate based on market requirements for corresponding obligations widespread before the COVID-19 pandemic;
  • Duration -- The length of the loans or loan guarantees will be as brief as practicable and will not, in any case, exceed five decades. Any loan or loan guarantee that's altered, restructured, or amended cannot be extended beyond five years from the origination date of such loan or loan guarantee;
  • Prohibition of share buybacks -- Until 12 months following the date on which the loan or loan guarantee is no longer outstanding, neither the debtor nor any affiliate of the debtor may buy the publicly listed equity securities of the debtor or any parent company of the borrower, except as provided in a preexisting contractual liability;

Prohibition on dividend obligations -- Until 12 months following the date on which the loan or loan guarantee is no longer outstanding, the debtor will pay dividends or make other capital distributions related to its average inventory;

Workforce retention covenants -- The debtor should concur it will maintain its current employment levels as of March 24, 2020, to the extent practicable, which in any case it won't lessen its March 24 employment levels by greater than 10% (10%) up to and including September 30;

Certification regarding standing -- The debtor must certify it is organized or created in the USA (or even under the legislation ) and it preserves significant operations in and also the vast majority of its workers are located in the USA. As much as $25 billion is currently available to passenger air compressors up to $4 billion is currently available to freight air compressors, and around $3 billion to airline builders.

Capped award figures -- Grant numbers will be capped in the quantities of wages and benefits recorded to the Department of Transportation by recipients throughout the period from April 1, 2019, through September 30, 2019, under 14 CFR Part 241. If a receiver wasn't needed to report such information to the Transportation Department, subsequently according to a certified statement, using sworn financial statements or other applicable information, grant amounts would be for a sum equivalent to the certified number of salary, wages, benefits, and other compensation such receiver paid its workers from April 1, 2019, through September 30, 2019;

Payment conditions - Needed terms and conditions The immediate aid offered to air compressors and their contractors will maintain the form and on such terms and requirements, such as audit requirements. To qualify for grants under the Act, air compressors and builders need to:

Workforce Retention -- Agree to refrain from running involuntary furloughs or decreasing pay rates and benefits till September 30;

Prohibition on Share Buybacks -- Agree that, through September 30, 2021, neither the receiver nor any affiliate of such receiver can, in any trade, buy a publicly listed equity security of the receiver or any parent company of the receiver;

Prohibition on Dividend Payments -- Agree that, through September 30, 2021, the receiver won't pay dividends or make other capital distributions connected to the frequent stock of the receiver,

Equity interests held by national authorities -- The Act also provides for the national government to be paid for issuing loans, loan guarantees, and direct assistance as follows:

As for loans and loan guarantees, the Treasury Secretary should get a warrant or other equity interest in the borrower. The stipulations of these tools will provide for fair participation in equity appreciation (in the event of a warrant or other equity interest) or a fair rate of return (in the event of a debt instrument). The Treasury Secretary can market, exercise, or surrender a warrant or some other senior debt tool it receives under the Act.

Federal excise tax aid -- The Act also provides relief to air carriers in certain federal excise taxes which generally apply to transport solutions, like the fees and taxes on airline passenger excursions, the price of transporting freight, and the cost of aviation fuel.

  • Following rigorous governmental travel limitations set up to suppress the spread of COVID-19, demand for air travel has dropped to historical lows. Because of this, at the top of substantial cuts to national aviation, many airlines around the globe have shrunk around 75--100 percent of global routes. The International Air Transport Association (IATA) recently predicted that international losses to airline earnings brought on by COVID-19 might reach $252 billion, raising its prior estimate of $113 billion in COVID-19 associated reductions. Along with the endorsement of governmental aid steps rolled out to airlines in Australia, Brazil, China, Denmark, France, India, Italy, New Zealand, Norway, South Korea, Sweden, and Taiwan, passing of this Act will contribute considerably to the 200 + billion in political aid that's required for the business to endure the COVID-19.