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Dr. Frank Thomas

Partner
Frankfurt
+49.(0).69.945.196.270
Fax +49.(0).69.945.196.499

Primary Practice

Secondary Practices

Education

  • Dr. jur., Frankfurt a.M., 1998
  • Second Legal State Exam, University of Munich, 1996
  • First Legal State Exam, University of Frankfurt, 1993

Languages

  • English
  • German
  • Biography Overview
  • Additional Background
  • Representative Work
Frank Thomas is a partner in the firm's finance practice in Frankfurt. He has extensive experience in structured finance, asset finance and equipment leasing, acting for lenders, borrowers, lessors, and lessees (airlines, train operators, public entities, and corporates). His work has involved advising on all types of secured and unsecured loan and structured lease financing, leveraged leases, operating leases, cross-border leases, sale and leaseback transactions, residual value agreements, guaranties, KG-structures, tax-driven leases, creditors' rights and insolvency issues, repossession, purchase and manufacturer contracts, and other types of commercial agreements. He is recognized as a leading asset finance practitioner in the legal directories has an enviable track record of rail finance work. Clients highlight him as a lawyer who inspires confidence not only in his own clients, but also in parties on the opposite side of the table.

Professional Background

Frank Thomas joined K&L Gates as a partner in January 2009. Prior to joining the firm, he was a partner in the Frankfurt office of an international law firm. Mr. Thomas started his career at an international law firm before founding his own law firm. He qualified as a Specialist Lawyer (Fachanwalt) for Tax Law in 2000.

Professional/Civic Activities

  • Member of the German Lawyers' Association (DAV) working group for tax law (Arbeitsgemeinschaft Steuerrecht im Deutschen Anwaltsverein)
  • Member of the German Lawyers' Association (DAV)
  • Bar Association (Rechtsanwaltskammer) Frankfurt am Main

Speaking Engagements

Mr. Thomas is the chairman of the Annual International Rail Finance Conference and the annual LeasingFORUM, and he regularly gives speeches at national and international conferences (e.g. FORUM Institute) on finance, railway, aviation, transport, and equipment finance matters. .
  • Advising HANNOVER MOBILIEN LEASING GmbH on its financing of 23 new built regional trains for Hessische Landesbahn GmbH (“Rail Finance Deal of the Year 2010 – Europe”, Jane’s Transport Finance) and 31 diesel trains for BeNEX GmbH.
  • Advising public transport authorities on redeployment guarantees and an innovative finance model for rolling stock.
  • Representation of Bank of America N.A. in connection with its first residual value guarantee for new rolling stock in Germany. 
  • Representation of a German train operating company in connection with the bidding process for a rail franchise in Germany. The mandate includes advising on the procurement and financing of new rolling stock and all legal aspects of its rail business (except in relation to public procurement law) including the negotiation of purchase, lease, and maintenance agreements.
  • Advising a consortium of financial institutions and a major state-owned rail operator on a cross-border operating lease structure for passenger coaches. The transaction involved inter alia the documentation and negotiation of the finance, lease, sale, security, maintenance, and refurbishment documents.
  • Acting for KfW IPEX Bank and DVB Bank SE as lenders, agent, and security trustee in connection with a senior secured credit facility for new built gas and tank wagons and on a secured credit facility for a portfolio of 2,000 rail freight wagons. The later transaction was awarded "European Rail Deal of the Year 2006," by Jane's Transport Finance.
  • Representation of Bank of America N.A. on a senior secured credit facility for a corporate business jet.
  • Acting for a German Landesbank on the financing of a joint-venture company of two major European airlines.
  • Acting as German counsel for the export credit agencies of the UK (ECGD), France (Coface), and Germany (Euler Hermes), and Barclays Capital in the ECA supported financing of two new Airbus A319 aircraft and one new Airbus A320 aircraft for Avianca, the national airline of Colombia.
  • Advising AerCap B.V. as German counsel in connection with several aircraft sale and operating lease transactions.
  • Advising Lloyd Fonds AG in Hamburg on a closed end operating lease fund (KG-structure) for two Airbus 319-100.
  • Represented an M-Dax corporation in connection with the sale of a corporate business jet and related aviation regulatory aspects.
  • Advising Jettainer, the worldwide leading aircraft container management company in its purchase of shares from TrenStar Inc., on its standard ULD management agreement and on-going commercial legal advice. 
  • Representation of an international state owned bank on the restructuring of a distressed loan portfolio and a cross-border dept-equity swap.
  • Representation of a group of companies in Saudi Arabia on the restructuring of a export-credit financing.
  • Advising various German public transportation and utilities companies on the restructuring of US-cross-border-lease transactions.
  • Advising a German bank on the sale of two NPL portfolio acquired by Lone Star.
  • Acting for an international leasing company in connection with a sale-and-lease-back transaction for telecom equipment and related software.
  • Acting for a U.S. cable network operator in connection with several sale-and-lease-back transactions for telecom equipment and related software.
  • Advising the management of a leading German leasing company and the board members of the bank on the sale of the business to General Electric.
  • Advising the Swedish Export Credit bank in connection with a guarantee for the financing of German equipment.
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