Forms of ownership, management, and financing of infrastructure projects have undergone revolutionary changes, inspired by global models and foreign investor interest. Traditional publicly owned and operated projects are increasingly giving way to more complex arrangements, many involving public-private partnerships (PPPs). In addition to market considerations, the success of these infrastructure projects often depends on the leadership, collaboration, and creativity of public officials, financial institutions, developers, and investors, and the legal and finance professionals they retain.
Nixon Peabody’s Infrastructure Finance practice is able to assist clients with any bank or bond financing solution, even in changing or turbulent markets. Our lawyers bring a unique combination of creativity and sophisticated skills to all of our clients’ financing transactions. The depth and breadth of our infrastructure finance experience gives clients a trusted partner and the versatility needed to respond to any challenge.
Our lawyers have been at the forefront of the PPP trend since it began more than two decades ago in the water and solid waste industries. Since then, we have frequently represented clients in matters involving procurement, contracts, permitting, finance, energy, real estate, environmental, and tax syndication. With one of the largest and most active practices in public finance and project finance, Nixon Peabody frequently helps clients understand the thinking and motivations behind the use of public-private partnerships and helps implement strategies for executing them.
Our understanding of the complexities involved in infrastructure financing arrangements is based on our long history of successfully facilitating the financing of publicly owned and operated infrastructure projects throughout the United States and internationally. We have broad experience in capital market transactions, as well as commercial bank debt from more traditional project finance lenders. In recent years, Nixon Peabody has helped clients handle more complicated combinations of capital market debt and project finance debt, the use of convertible instruments, and various forms of leasing transactions. No matter what the challenge, we offer practical solutions to support our clients’ infrastructure objectives.
Nixon Peabody’s Infrastructure Finance practice brings together the knowledge and skills of lawyers from multiple practice areas, such as public finance, project finance, real estate, construction, bankruptcy, derivatives, global finance, tax, environmental, corporate, banking, syndication, private equity, and securities. This interdisciplinary capability is a powerful asset for clients attempting to master complex infrastructure problems in a demanding legal environment.
Areas of focus
Our Infrastructure Finance practice focuses on four key asset classes:
- Sports facilities
- Water and wastewater treatment
- Power and energy
Nixon Peabody is well positioned to bring our collective knowledge and resources to bear on the development of these infrastructure projects. We have participated in historic PPP ventures in the United States and in other financing transactions that are highly relevant to the emerging U.S. PPP market.
Nixon Peabody regularly represents all the players involved in infrastructure projects, including lenders, developers, investors, issuers, and sponsors.
Our infrastructure work has received national recognition and numerous awards, including the following:
- Winner of 2011 The American Lawyer “Dealmaker of the Year” award for our work on the CapX2020 Transmission Expansion initiative, representing a coalition of 11 utilities in the upper Midwest
- Special tax counsel on Smith’s Research & Gradings 2010 All Star Deal of the Year, the $2.62 billion issue for Municipal Power Authority of Georgia’s Vogtle Power Plant
- Underwriter’s counsel on The Bond Buyer’s 2009 Southeast Large Issuer Deal of the Year, Metropolitan Washington Airports Authority
- TIFIA counsel on Project Finance Magazine’s 2008 North American Transport Deal of the Year, SH130
- TIFIA counsel on The Bond Buyer’s 2008 Innovative Nontraditional Public Finance Deal of the Year and Project Finance Magazine’s 2008 Deal of the Year, Capital Beltway
- Underwriter’s counsel on Project Finance Magazine’s 2007 North American Leisure Deal of the Year, the new Meadowlands Stadium for the Giants and the Jets
- Developer’s counsel on Project Finance Magazine’s 2007 North American Infrastructure Deal of the Year, Trans Bay Cable