Financing Public–Private Partnerships for Infrastructure Assets

Mitigating Legal Risks When Financing PPP Deals

CD/DVD of a 90-minute CLE teleconference with Q&A

Conducted on Wednesday, September 10, 2008
Now available on CD/DVD

Description

Private investors are financing airports, roads and bridges in increasing numbers because they are safe, low-risk, revenue-generating investments. Public–private partnership (PPP) financing of infrastructure assets is now a multi-billion-dollar market, demanding highly sophisticated legal guidance.

PPP deals involve complex financial instruments and financing techniques, requiring specialized legal knowledge. PPPs are also fraught with risks such as high upfront costs, ongoing maintenance expense, and potential breach of contract issues.

Listen as our panel of project finance attorneys examines the key legal issues that arise in financing PPP deals and provides their insights and best practices for lenders that finance PPP infrastructure projects.

Outline

  1. PPP overview — what’s driving the trend?
    1. Increased construction costs
    2. Insufficient public funds
    3. Alternate sources of financing
    4. Transfer of risk from public to private sector
    5. Better quality and value
  2. PPP financing sources
    1. Pension plans
    2. Private equity
    3. Foreign investors
  3. Common legal issues for lenders
    1. Safe investment environment?
    2. Breach of contract
    3. Risk of default on bond
  4. Tax considerations for concessionaires
  5. Best practices
    1. Sound deal structure
    2. Sufficient insurance
    3. Clear, transparent negotiation process

Benefits

The panel will review these and other key questions:

  • What factors are driving the increased interest in public–private partnership deals?
  • What common legal issues do lenders encounter in financing PPP deals?
  • What financing sources are generally available for PPP deals?
  • What are some best practices for lenders to minimize the legal risks inherent in financing PPP deals?

Faculty

Joel H. Moser, Partner
Fulbright & Jaworski, New York

He co-chairs the firm's Global Infrastructure Group. He focuses on infrastructure investment through public-private partnership, project finance, public finance and other leveraged finance techniques. He has implemented innovative transaction structures to bring public-private partnership investment strategies to new asset classes and first time market participants.

Jay Zukerman,
Ernst & Young, New York

He concentrates on asset finance, including infrastructure, leasing and securitizations. He focuses on planning and implementing asset finance transactions in the U.S. He has provided tax advisory services with respect to both private and public sector, U.S. domestic and cross-border, transactions financing infrastructure and other assets.

Edwin F. Feo, Partner
Milbank Tweed Hadley & McCloy, Los Angeles

He co-chairs the firm's Project Finance and Energy Practice. He represents companies in the development, acquisition and financing of projects in the infrastructure and energy industries. He is consistently ranked in the top tier of lawyers nationally for transportation infrastructure, project finance and energy by Chambers USA.

Ordering

Teleconference on CD

Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).

For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.

Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option

Self-study CPE is not offered on CD purchases.

CD $297.00 plus $9.45 S&H

CLE Processing on CD/DVD (NY and CT Only)

CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.

CLE on CD Processing $65.00

Program Materials

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CLE Credit

Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

The panelists covered the topic well and in depth.

Andrea Mealey

Edwards Angell Palmer & Dodge

Content was excellent.

Jonelle Burnham

Kimberly-Clark

All of the speakers had a wide range of knowledge.

Kimberly Hayes

General Mills

The best teleconference I have experienced — bar none.  Well done in every respect.

Jake Jacobson

Osborne Construction Co.

Good handouts and up to date references.

Andrew Davis

Lieben Whitted Houghton Slowiaczek & Cavanagh

Finance Law Advisory Board

Charles H. Baker

Partner

Paul Hastings

Anne Lee Benedict

Partner

Gibson Dunn & Crutcher

Mark N. Berman

Partner

Nixon Peabody

Willa Cohen Bruckner

Partner

Alston & Bird

Laura D. Richman

Counsel

Mayer Brown

Robert M. Stern

Partner

O’Melveny & Myers