With rolling stock being delivered as a result of a financial transaction, Apex Rail can manage all activities in relation to this rolling stock for its entire life on behalf of the financial owners. Usually the rolling stock was financed to provide an operator a lease solution. If the owner takes residual value risks since the lease term is substantially shorter than the economic life of the rolling stock and new lessees must be found through the entire economic life, the asset monitoring and management efforts are more extensive compared to a long term finance lease.
Apex Rail covers the contractual and commercial responsibilities on behalf of a financial organization funding the rolling stock and cooperates (or sub-contracts) technical experts if required.
SCOPE OF WORK
TYPICAL SCOPE OF WORK FOR LEASE & ASSET MANAGEMENT
Review of all contracts (including underlying financing agreements) to define the overall scope of deliverables and duties of the LESSOR and to prepare and manage a comprehensive risk matrix and register.
Management of the LESSOR’s obligations and rights under the Lease, MSA and any other contract entered into (including without limitation monitoring of the management of warranties in relation to defect notification, rectification and claims by the LESSEE and MAINTAINER, liaison with insurers where LESSOR intervention is required, etc) on behalf of the LESSOR.
Liaison with all stakeholder and represent the LESSOR in accordance with the Delegation of Authority Matrix
Review of maintenance activities and records in accordance with the MSA, the OLA and Maintenance Agreement
Supporting the LESSOR in the subcontracting of audits and inspections with special auditors and in co-operation with the LESSEE and the MAINTAINER
Preparation of written reports to the LESSOR
Reporting to the LENDERS under the Loan/Facility Agreements as and when required
Ad-hoc reporting and management of material events affecting the LESSOR (including without limitation accidents, major defects, longer term periods of train unavailability, losses, contract breaches)
Coordination and reporting of variation orders (including without limitation voluntary and mandatory modifications) affecting the LESSOR in accordance with Appendix 2
Monitoring of the performance of the LESSEE
Monitoring market developments that could affect the current and future usage, maintenance, residual value and re-marketability of the FLEET
Assisting with the re-marketing, sale and re-lease processes pursuant to any sale or re-leasing of the FLEET including, inter alia, assisting and liaising with any third party adviser appointed pursuant to such sale process
Administrative responsibilities including the management of communication logs relating to the LESSORs area of responsibilities
• STRUCTURING AND ARRANGING OF DEBT AND/OR EQUITY FOR ROLLING STOCK AND DEPOT FINANCINGS • TRANSACTION STRUCTURING AND MANAGEMENT • DEVELOPMENT OF OPERATING LEASE PLATFORMS AND ROLLING STOCK POOLS FOR PRIVATE INVESTORS OR PUBLIC TRANSPORT AUTHORITIES • FINANCIAL MODELLING (REVIEW, DEVELOPMENT, MANAGEMENT)
• FINANCIAL MODELLING (REVIEW, DEVELOPMENT, MANAGEMENT) • DUE DILIGENCE SUPPORT FOR M&A TRANSACTIONS • MARKET ENTRY SUPPORT • BUSINESS DEVELOPMENT SUPPORT • PROMOTE GREEN TECHNOLOGY AIMED TO INVESTORS • PROVIDE 2ND OPINION ON ASSET VALUATIONS, LEASE RATES AND MARKET POTENTIAL • DEVELOPING WHOLE LIFE COST MODELS FOR ROLLING STOCK ASSETS • PREPARATION OF DESKTOP STUDIES (IN RELATION ROLLING STOCK FINANCING OPTIONS)