Project Finance

Whether you are a project developer, investor, or clean technology entrepreneur, we have the critical insight and experience to help you develop and implement your project. We practice at the crossroads of the investment, energy, and clean tech industry sectors, enabling us to guide our clients through the best practices and lessons learned by companies in the changing energy landscape.

Mintz Levin represents public and independent producers of both renewable and conventional power, demand response providers and clean technology companies, in all facets of project development and financing. Mintz Levin attorneys are knowledgeable in project financing, corporate financing, facility siting, environmental, real estate, permitting, and tax matters.

Our capabilities in representing project developers, lenders, government agencies, and investment banks domestically and internationally — including our deep  knowledge of the complex privatization, real estate, tax, and environmental issues involved — allow us to effectively structure project financing transactions. We are experienced in the rapidly expanding areas of waste management, efficiency, resource recovery and other alternative energy and co-generation facilities, privatization of government functions, and  traditional utility financing.

We have provided counsel on the development and financing of distributed and wholesale electricity generation projects, including co-generation, spanning hydro, biofuels, biomass, solar, landfill gas, biogas, natural gas, coal and oil. We have worked on the financing of large projects with significant environmental implications, and we are one of the few firms specializing in facilities handling and processing solid waste, wastewater, sewerage sludge, wood waste, and agricultural waste.

Our energy project development experience includes the negotiation and drafting of complex agreements, including purchase power agreements, real estate agreements, EPC contracts, equipment leases, equipment purchase and sale agreements, water and sewer agreements, interconnection agreements, gas pipeline transportation agreements, off-take agreements, and payment in lieu of tax agreements (PILOT).

Our attorneys have worked with in-house counsel and with local counsel to site dozens of facilities in challenging locations. Having managed many legal engagements, we have capable attorneys and consultants, along with the forms, tools, databases, and other resources that enable us to deliver exceptional efficiency and effectiveness in project development engagements.

Innovations in Financing

We are driving progressive change in the project finance arena, including the development of cutting-edge public-private financing mechanisms. The firm was instrumental in the creation and development of the bond financing program that was recently adopted in the USDA’s 9003 loan guarantee program for biofuels projects.

The 9003 program uses credit-enhanced corporate debt from project companies in lieu of commercial debt — providing an interest rate that is up to 2% lower, a tenor of 15 to 25 years, and terms that are unavailable to developers relying exclusively on commercial debt. The new program is expected to play a critical role in opening up the debt market to biofuels companies in need of financing.

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