Until a conveyance, lease, or instrument executed for security purposes which may be recorded under ??? 44107(a)(1) or (2) has been filed with the FAA, it is valid only against the parties to the instrument and individuals and entities who have actual knowledge of the instrument. Therefore, the interests of the parties to a transaction, including purchasers, lessor, lessees and secured parties, are not perfected until the instruments creating those interests have been filed with the FAA.
Louisiana Security Agreement Regarding Aircraft and Equipment is a legal document that outlines the terms and conditions of a security agreement related to the financing or leasing of aircraft and related equipment within the state of Louisiana. This agreement serves as a means of safeguarding the rights of lenders, lessors, and other parties involved in the financing or leasing of such assets. Key terms and topics covered in the Louisiana Security Agreement Regarding Aircraft and Equipment may include: 1. Security Interest: The agreement establishes a security interest in the aircraft and equipment, clarifying the rights and priorities of the secured party (lender or lessor) in case of default or bankruptcy by the debtor. 2. Collateral Description: A detailed description of the aircraft and equipment is provided, including make, model, registration number, serial number, and any relevant identification data. This section ensures that the collateral is properly identified and accounted for. 3. Perfection of Security Interest: The agreement outlines the steps that the secured party must take in order to perfect their security interest. This often involves the filing of financing statements with relevant authorities, such as the Federal Aviation Administration (FAA) and the Louisiana Secretary of State. 4. Default and Remedies: This section specifies the events constituting default, such as failure to make payments or breach of other terms. It also lays out the remedies available to the secured party, such as repossession, sale, or lease termination, and the procedures to be followed. 5. Indemnification and Insurance: The agreement may require the debtor to maintain adequate insurance coverage on the aircraft and equipment, naming the secured party as a loss payee or additional insured. This ensures that the collateral is protected from risks such as damage, theft, or accidents. 6. Governing Law and Jurisdiction: The agreement typically specifies that the laws of Louisiana govern the agreement, and any legal disputes will be resolved in Louisiana courts. This ensures consistency and clarity in interpreting the terms of the agreement. Different types of Louisiana Security Agreements Regarding Aircraft and Equipment may include variations such as: 1. Chattel Mortgage: A security agreement involving a transfer of ownership of the aircraft and equipment to the secured party, with the debtor retaining possession and use of the assets. Ownership reverts to the debtor upon fulfillment of the loan or lease obligations. 2. Equipment Lease Agreement: This type of security agreement allows for the financing or leasing of the aircraft and equipment, with the debtor retaining possession and use while making periodic payments. The lessor retains a security interest in the collateral until all lease obligations are fulfilled. 3. Conditional Sale Agreement: Similar to a chattel mortgage, this agreement involves the transfer of ownership to the secured party with possession and use by the debtor. However, unlike a chattel mortgage, ownership does not automatically transfer back to the debtor upon fulfilling the loan or lease obligations. A separate agreement or action is typically required to complete the sale. It is important for the parties involved in a Louisiana Security Agreement Regarding Aircraft and Equipment to seek legal counsel to ensure that the agreement adheres to the specific requirements of Louisiana law and adequately protects their respective interests.
