Notes (IFRS)

Commitments and Contingent Liabilities

Sales financing — In relation to its Airbus and ATR activities, EADS is committing itself in sales financing transactions with selected customers. Sales financing transactions are generally collateralized by the underlying aircraft. Additionally, Airbus and ATR benefit from protective covenants and from security packages tailored according to the perceived risk and the legal environment. EADS believes that the estimated fair value of the aircraft securing such commitments will substantially offset any potential losses from the commitments. Any remaining difference between the amount of financing commitments given and the collateral value of the aircraft financed is provided for as an impairment to the relating asset, if assignable, or as a provision for aircraft financing risk. The basis for this write-down is a risk-pricing-model, which is applied at every closing to closely monitor the remaining value of the aircraft.

Depending on which party assumes the risks and rewards of ownership of a financed aircraft, the assets relating to sales financing are accounted for on the balance sheet either as (i) an operating lease (see Note 13 “Property, plant and equipment”) or (ii) a loan from aircraft financing or (iii) a finance lease receivable (see Note 14 “Investments in associates accounted for under the equity method, other investments and other long-term financial assets”) or (iv) non- current assets classified as held for sale. As of 31st December 2007, related accumulated impairment amounts to €102 million (2006: €272 million) for operating lease and to €191 million (2006: €199 million) for loans and finance lease receivables. As part of provisions for aircraft financing risks €25 million (2006: €25 million) are recorded (see Note 22 c.) “Other provisions”).

Certain sales financing transactions include the sale and lease back of the aircraft with a third party lessor under operating lease. Unless the Group has sold down the relating operating lease commitments to third parties, which assume liability for the payments, it is exposed to future lease payments. Future nominal operating lease payments that result from aircraft sales financing transactions are recorded off balance sheet and are scheduled to be paid as follows:

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(in €m)

 

 

 

Not later than 2008

179

Later than 2008 and not later than 2012

554

Later than 2012

472

Total

1,205

Of which commitments where the transaction has been sold to third parties

(699)

Total aircraft lease commitments where EADS bears the risk (not discounted)

506

Total aircraft lease commitments of €1,205 million as of 31st December 2007, arise from aircraft head-leases and are typically backed by corresponding sublease income from customers with an amount of €851 million. A large part of these lease commitments (€699 million as of 31st December 2007) arises from transactions that were sold down to third parties, which assume liability for the payments. EADS determines its gross exposure to such operating leases as the present value of the related payment streams. The difference between gross exposure and the estimated value of underlying aircraft used as collateral, the net exposure, is provided for in full with an amount of €286 million as of 31st December 2007, as part of the provision for aircraft financing risk (see Note 22 c.) “Other provisions”).

As of 31st December 2007 and 2006, the total consolidated – on and off balance sheet – Commercial Aviation Sales Financing Exposure is as follows (Airbus 100% and ATR 50%):

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(in €m)

31st December 2007

31st December 2006

 

 

 

Total gross exposure

1,226

1,694

Estimated fair value of collateral (aircraft)

(622)

(791)

Net exposure (fully provided for)

604

903

Details of provisions / accumulated impairments are as follows:

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(in €m)

31st December 2007

31st December 2006

 

 

 

Accumulated impairment on operating leases
(see Note 13 “Property, plant and equipment”)

102

272

Accumulated impairment on loans from aircraft financing and finance leases (see Note 14 “Investments in associates accounted for under the equity method, other investments and other long-term financial assets”)

191

199

Provisions for aircraft financing risk (on balance sheet)
(see Note 22 c.) “Other provisions”)

25

25

Provisions for aircraft financing risk (commitment off balance sheet)
(see Note 22 c.) “Other provisions”)

286

407

Total provisions / accumulated impairments for sales financing exposure

604

903

Asset value guarantees — Certain sales contracts may include the obligation of an asset value guarantee whereby Airbus or ATR guarantee a portion of the value of an aircraft at a specific date after its delivery. Management considers the financial risks associated with such guarantees to be manageable. Three factors contribute to this assessment: (i) the guarantee only covers a tranche of the estimated future value of the aircraft, and its level is considered prudent in comparison to the estimated future value of each aircraft; (ii) the asset value guarantee related exposure is diversified over a large number of aircraft and customers; and (iii) the exercise dates of outstanding asset value guarantees are distributed through 2019. If the present value of the guarantee given exceeds 10% of the sales price of the aircraft, the sale of the underlying aircraft is accounted for as an operating lease (see Note 13 “Property, plant and equipment” and Note 26 “Deferred income”). In addition, EADS is contingently liable in case asset value guarantees with less than 10% are provided to customers as part of aircraft sales. Counter guarantees are negotiated with third parties and reduce the risk to which the Group is exposed. As of 31st December 2007, the nominal value of asset value guarantees provided to airlines, that do not exceed the 10% criteria, amounts to €880 million, excluding €513 million where the risk is considered to be remote. In many cases the risk is limited to a specific portion of the residual value of the aircraft. The present value of the risk inherent to the given asset value guarantees where a settlement is being considered as probable is fully provided for and included in the total amount of provisions for asset value risks of €501 million (see Note 22 c.) “Other provisions”). This provision covers a potential expected shortfall between the estimated value of the aircraft of the date upon which the guarantee can be exercised and the value guaranteed on a transaction basis taking counter guarantees into account.

Because exercise dates for asset value guarantees are on average in the 10th year following aircraft delivery, asset value guarantees issued in 2007 will generally not be exercisable prior to 2017, and, therefore, an increase in near-term exposure is not expected.

With respect to ATR, EADS and Finmeccanica are jointly and severally liable to third parties without limitation. Amongst the shareholders, the liability is limited to each partner’s proportionate share.

While backstop commitments to provide financing related to orders on Airbus’ and ATR’s backlog are also given, such commitments are not considered to be part of gross exposure until the financing is in place, which occurs when the aircraft is delivered. This is due to the fact that (i) past experience suggests it is unlikely that all such proposed financings actually will be implemented (although it is possible that customers not benefiting from such commitments may nevertheless request financing assistance ahead of aircraft delivery), (ii) until the aircraft is delivered, Airbus or ATR retain the asset and do not incur an unusual risk in relation thereto, and (iii) third parties may participate in the financing. In order to mitigate Airbus and ATR credit risks, such commitments typically contain financial conditions which guaranteed parties must satisfy in order to benefit therefrom.

Other commitments — Other commitments comprise contractual guarantees and performance bonds to certain customers as well as commitments for future capital expenditures.

Future nominal operating lease payments (for EADS as a lessee) for rental and lease agreements (not relating to aircraft sales financing) amount to €979 million as of 31st December 2007, and relate mainly to procurement operations (e.g., facility leases, car rentals). Maturities are as follows:

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(in €m)

 

 

 

Not later than 2008

132

Later than 2008 and not later than 2012

325

Later than 2012

522

Total

979