| Until recently, the
United States lagged behind the rest of the world when
it came to utilizing the financial resources of the
private sector in developing, financing and operating
major public infrastructure projects. In the past few
years, however, federal, state and local governments
have all recognized the benefits of entering into
public-private partnerships. The transportation sector
has been at the forefront of this development thus far,
with water, waste, port and airport facilities and
other types of municipal infrastructure expected to
follow suit. StayLaw's Project and
Infrastructure Finance attorneys are well placed to
assist both private and municipal clients in this
complex and expanding project finance area, as well as
in more traditional project finance transactions.
Our team provides strategic advice coupled with an
in-depth understanding of the people, customs and
languages of the countries where our clients do
business. We advise clients on virtually every aspect
of their business from turn-key project development
and redevelopment design and structuring to financing,
implementation and operation. We also provide
regulatory advice, handle environmental permitting and
represent clients in litigation and other forms of
dispute resolution.
Whether a client's business objective is the
financing of multi-billion dollar power generation or
ethanol facilities, oil and gas infrastructure
projects, pipelines, pulp and paper mills, port
facilities, airports, toll roads or sports stadiums in
the United States or abroad, we use our depth and
breadth of knowledge and experience to bring the
applicable project to fruition.
Our practice brings together integrated,
multidisciplinary teams from across the firm,
including attorneys who focus on real estate, tax,
labor, intellectual property and environmental law, as
well as energy contracting and regulation. We also
have a public utilities team with experience
counseling on matters involving electric, natural gas,
water, wastewater, telecommunication, stormwater,
solid waste and reclaimed water utilities. Our clients
include project sponsors, lenders, investors,
contractors, governmental municipalities and other
project participants. We also counsel municipal and
other governmental entities on infrastructure
privatizations and concession programs.
We are well versed in developing and implementing
both traditional and innovative financing techniques
to address the needs of our clients. Our attorneys
have participated in transactions employing a wide
range of project structuring techniques. We have
particular experience in the adaptation of innovative
financing structures (including B.O.O., B.O.T. and
B.O.O.T) to projects in later-developing nations in
order to respond to the needs of sponsors and lenders
in light of local country conditions. We also have
experience in structuring transactions to accommodate
the requirements of the credit rating agencies.
Our attorneys have experience with the various
types of project delivery options and continuously
improve upon the major industry contract forms,
including AIA, AGC and EJCDC forms. We have also
developed contract forms that specifically address the
requirements of particular projects and local
conditions, both in the United States and overseas.
Our attorneys include former ambassadors, cabinet
secretaries and other diplomats with hands-on
experience in countries around the world. Other
members of our team play leading roles in the
construction industry's major trade associations. In
addition, many have worked as engineers and bring to
the table real-world construction and engineering
experience.
Experience with A Wide Range of Projects
- Power/energy
- Transportation
- Telecommunications
- Natural resources
- Petrochemicals
- Water, sewer and solid waste
- Pulp and paper
- Production facilities
- Public-private partnerships
- Real estate development
- Sports stadiums and arenas
- Public housing
Project and Infrastructure Finance Legal Services
- Structuring, financing, redevelopment design,
acquisition or sale of energy, utility and
infrastructure projects
- Negotiating and structuring joint ventures,
limited partnerships, limited liability corporations
and other types of entities
- Negotiating and preparing project-related
agreements, including engineering and architectural
design, EPC, construction, equipment purchase and
lease, supply and vendor agreements
- Advising both public and private sector clients
with respect to all aspects of public-private
partnerships
- Providing regulatory advice and assisting with
environmental and other permitting
- Structuring and implementing innovative
financing structures, insurance coverages and other
enhancements (including B.O.O., B.O.T., B.O.O.T. and
project bonds)
- Negotiating leveraged and synthetic leases of
generating plants and fuel handling, storage and
other facilities
- Undertaking tax analyses, resolving fuel excise
tax controversies, negotiating tax incentives, and
obtaining sales tax rulings and energy and other tax
credits
- Designing and implementing secured and unsecured
bilateral and syndicated credit facilities, private
placements, public offerings, IPOs and Rule 144A
transactions
- Developing transaction structures to accommodate
credit rating agency conditions on the assignment of
ratings to debt securities
- Advising on international and regulatory
compliance issues, such as the Patriot Act and
Foreign Corrupt Practices Act
- Undertaking loan workouts, debt restructurings
and debtor-in-possession financings involving
creditors committees, secured and unsecured
noteholders, agents and bank groups in syndicated
credit facilities and examiners and other
fiduciaries
- Conducting litigation and dispute resolution
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