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PREM N. MALALI

Prem Malali practices in the areas of Energy and Project Finance and has represented developers, lenders, financial institutions and equity investors in connection with the development, construction, financing and transfer of numerous energy and other infrastructure projects.

What do you focus on?

Project Finance and Development

I represent various parties in connection with financing and development of all types of infrastructure projects including renewable energy projects, hydroelectric projects, thermal energy projects, toll roads and highways, factories and port infrastructure projects. Most recently, I was project counsel on the construction and permanent financing of the 30 MW Simon Solar Farm located in Social Circle, Georgia.

Energy M&A

I represent buyers and sellers of power projects in the context of negotiated sales as well as competitive auctions. Most recently, I represented a bidder in connection with due diligence and purchase and sale documentation for operating contracted gas-fired power plants in California.

Infrastructure Finance

I represent various parties in connection with the development and financing of toll roads, factories and infrasturcture improvement projects. I am currently representing the lender to a project that manufactures medium density fiberboard and is also representing the owner of a port in connection with the procurement, construction and equipment financing of cranes and other port equipment.

What do you see on the horizon?

The development, construction, financing, acquisition and disposition of infrastructure assets present unique opportunities, risks and challenges. Utilizing the benefit of my experience as well as the collective knowledge of other lawyers at Nixon Peabody, I enjoy helping my clients take advantage of such opportunities, mitigate such risks and overcome such challenges.

Representative Transactions

  • Lead counsel to U.S. Department of Energy in connection with the $400 million loan guarantee to Abound Solar Manufacturing, LLC, to support the construction of two state-of-the-art thin-film solar panel manufacturing facilities located in Colorado and Indiana. The transaction closed in December 2010.
  • Lead counsel to U.S. Department of Energy in connection with the $17.1 million loan guarantee to AES Energy Storage, LLC, to support the construction of a 20 MW energy storage system using advanced lithium-ion batteries. The project is located in Johnson City, New York. The transaction closed in December 2010.
  • Lead counsel to U.S. Department of Energy in connection with the $245 loan guarantee to Red River Environmental Products, LLC, to build an activated carbon manufacturing facility near Coushatta, Red River Parish, Louisiana.
  • Lead counsel to AE Capital Advisors in connection with its purchase of $45 million in subordinated taxable Build America Bonds issued by the Central Texas Regional Mobility Authority, the proceeds of which were used to partially fund the expansion of its 183A Northern Extension project in Williamson County, Texas.
  • Represented the owner in connection with the disposition of a waste to energy facility located in Detroit, Michigan.
  • Represented the lead arranger on certain financing matters in connection with the construction and term project financing of a natural gas and oil fired power generation facility located in Connecticut.
  • Represented the agent bank in connection with the project financing of a chlor-alkali facility in North Carolina.
  • Represented the agent bank in connection with the project financing of a glass container manufacturing facility in the state of Washington.
  • Represented the owner in connection with the development, construction and financing of the 500 MW Astoria Power Project in Queens, New York.
  • Represented the owner in connection with the development, construction and financing of the 270 MW Berkshire Power Project in Agawam, Massachusetts.
  • Represented the owner in connection with the development, construction and financing of the 540 MW Milford Power Project in Milford, Connecticut.
  • Represented a private equity fund in connection with the acquisition and disposition of a portfolio of power generation assets located throughout the United States.
  • Represented a private equity fund in connection with the acquisition and disposition of a power generation asset located in Guam.
  • Represented a private equity fund in connection with the disposition of a wastewater treatment facility located in Massachusetts.
  • Represented a multinational corporation in connection with the disposition of a portfolio of power generation assets located in the United States.
  • Represented a multinational corporation in connection with the acquisition of various waste to energy facilities located in the United States.
  • Represented a private equity fund in connection with the acquisition of a portfolio of waste to energy facilities located in the United States.

Speaking Engagements

 

Moderated a panel discussion on “Project finance in power and renewable assets: Where do the opportunities lie?” North American Infrastructure & Energy Finance Conference, New York, September 2009.

Prem N. Malali