Project Financing

Our team of specialized lawyers ensures assistance to clients (lenders, funds, sponsors, public administrations and/or contractors), in national and international project financing transactions. We rely on highly-skilled professionals of the sector, and, under a cross-practice perspective, we create ad-hoc working groups combining different expertise in administrative, company, environmental, real estate and tax law.

Our Firm has a well-proven track record in managing transactions concerning the field of infrastructure (e.g. healthcare, water, social housing, stadiums, transport) and energy (e.g. renewable and traditional energy sources, energy efficiency and waste to energy).

Assistance in Project set-up

We support our clients, sponsors or lenders, at any stage of the project, from the early phases to the incorporation of the SPV, through the definition of the best structure under a tax and corporate perspective; moreover, the Firm provides advice on the drafting and negotiation of the relevant shareholder agreements.

Relations with the institutions

With regard to private-public partnerships (“PPP”) we provide support on all the tender stages (or, when acting for contractors, on the tender set-up) aimed at the awarding of concessions by means of project financing and/or the awarding of availability contracts. Our activity also focuses on drafting and negotiation of the Convention and/or of all typical agreements pertaining to the PPP structure. We are also usually involved, during the project structuring or managing stages, in rebalancing the economic terms of the Conventions.

Due Diligence

We follow all legal due diligence profiles, as well as the identification of the applicable regulations and the assessment.of risk matrix.

Assistance in drafting the main business contracts

We support our clients on the drafting and negotiation of all agrements related to the project (according to solvibility standards) including but not limited to: EPC agreements; O&M; Off-take (PPA-Tolling); EnPC; FSA.

Assistance in structuring and funding of Security Packages

We advise clients on the implementation of different non (limited)-recourse project financing solutions, mezzanine funding, project bond and on various combinations and changes in the said solutions; along with the drafting and negotiation of the funding agreeement, we also attend to security package. Over the last years, our lawyers have been involved in mutiple refinancing transactions of already granted project financing loans (also with derivatives).

Assistance in civil and administrative disputes

Engaging administrative law experts and litigators, we represent clients before any administrative and civil courts in any dispute arising from project financing operations.

 

In evidence