Kinney Law Office can offer a variety of advisory and transactional services for project financing transactions. These projects are focused on a specific asset and the sponsors and lenders are primarily focused on the revenues generated by the asset to repay the loans and other financing mechanisms for the project. The nature of these projects makes it vitally important that adequate due diligence is completed and transaction documents are well-written, well-negotiated and well executed. Our experience working on large infrastructure projects in developing and post-conflict countries means that we have seen the many challenges that these types of projects can face. Success in these types of projects takes lawyers who understand these challenges, coordinate the diverse groups of participants that are involved and understand the many moving parts and details of these transactions. Whether we are working alone in the initial stages or as part of a team in later stages, Kinney Law Office can provide host governments, lenders, multilateral development banks and institutions and private entities with the advice and support to execute these critical projects. Our background and flexibility allows us to provide targeted support on any of the issues listed below and to work collaboratively with a project team for a more comprehensive approach if desired.

  • Risk Analysis
    • Project Preparation and Management Risks
    • Market Risks
    • Technical, Construction and Operational Risks
    • Legal and Contractual Risks
    • Financial and Credit Risks
    • Political and Institutional Risks
    • Environmental Risks
    • Community Relations, Human Rights and other Social Risks
  • Legal Due Diligence
    • Laws and Regulations Relating to Inward Investment
    • Laws, Regulations and Regulatory Agencies Governing the Sector
    • Tax Laws and Regulations
    • Laws and Regulations Relating to Foreign Exchange
    • Security Over Project Assets (Financial and Physical Security)
    • Quality and Independence of the Host Country Judicial System
    • Dispute Resolution Issues (such as availability of arbitration, laws and treaties affecting arbitration, local enforcement of arbitral awards)
    • Analysis of Project Concession Agreements and Contracts
    • Bankability Analysis for Project
      • Contractual Relationships Supporting the Revenue Stream
      • Consistency of Clauses in Various Contracts
  • Review of Procurement Laws, Regulations and Policies
  • Review of Loan Documentation, Inter-Creditor and Security Agreements
  • Transaction Structuring and Development
    • Development of Terms and Conditions for Key Contracts and Credit Support Agreements for the Project
      • Concession Agreements
      • Licenses, Permissions and Authorizations
      • Offtake and Supply Contracts and Agreements
      • Essential Leases and Property Acquisitions
      • Construction Contracts
      • Operating and Maintenance Agreements
      • Financing Documents and Financial Support Arrangements
      • Guarantees and Credit Support Agreements
      • Insurance Agreements
  • Development and Structuring of the Special Project Vehicle for the Project
    • Legal Nature of the Special Project Vehicle
    • Investment Provisions
    • Voting Rights and Decision Making Mechanisms
    • Nature of Credit Support from Participants
    • Licensing of Intellectual Property
    • Management of the Special Project Vehicle
    • Arbitration and Dispute Resolution
    • Transfer and Assignment of Interests
    • Termination Provisions
    • Planning and Decision Making Provisions
  • Security over Project Assets, Contracts/Agreements and the Revenue Stream
  • Authorizations, Approvals and Document Execution

 

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Our Locations

 

Colorado
Kinney Law Office
1600 Broadway
Suite 1634
Denver, Colorado 80202
tel: 303.386.4328
fax: 307.633.9729
Wyoming
Kinney Law Office
109 East 17th Street
Suite 5168
Cheyenne, Wyoming 82001
tel: 307.633.9728
fax: 307.633.9729
Call us today: Colorado: 303-386-4328 Wyoming: 307-633-9728