May 14, 2020

Project Finance

Project Finance

A Practical Guide to Transactional Project Finance: Basic Concepts, Risk Identification, and Contractual Considerations
      Scott L. Hoffman, 45(1): 181–232 (Nov. 1989)
Project finance is developing as an important finance structure for a wide spectrum of businesses with large, project-specific capital requirements and nonrecourse debt goals. Most large financial institutions operate project finance groups, which provide specialized project finance loan programs to the alternate energy, infrastructure, and environmental facilities industries. This Article, the first such Article devoted to project finance, provides a comprehensive explanation of project finance and the associated risks. The Article also examines credit support devices, the impact of government regulation, bankruptcy, and documentation in the project finance structure.

Law of Private Placements (Non–Public Offerings) Not Entitled to Benefits of Safe Harbors—A Report
      committee on Federal Regulation of Securities, ABA Section of Business Law, 66(1): 85–124 (November 2010)

Model Consent to Assignment for Project Finance Transactions (with Commentary)
      Project Finance and Development committee, ABA Section of Business Law, 67(4): 1193 - 1224 (August 2012)
The model Consent to Assignment and accompanying commentary have been prepared by the Project Finance and Development committee of the American Bar Association's Section of Business Law as a reference available for use by practitioners when negotiating and documenting the terms of a project finance transaction requiring such an agreement.

Oil and Gas Rights in Bankruptcy: Beware the Many Pitfalls for Interest Holders and Creditors
     Richard L. Epling, 74(1) 127-150 (Winter 2018/2019)
Lenders, vendors, pipelines, storage facilities and other businesses that lend money to or do business with the working interest owner/lessors of oil and gas properties often assume that their contractual bargains will prevail over the rights and claims of other participants in the hydrocarbon production process. Such persons often fail to take into account the varied local and state laws affecting the definitions of what is real and personal property, the requirements for perfection and certain overriding priorities granted to field operators, suppliers and vendors in certain cases. Bankruptcy is the crucible for testing these conflicting rights and claims, and there have been some instructive recent developments in several key court decisions.