The Law and Business of International Project Finance: A Resource for Governments, Sponsors, Lawyers, and Project Participants

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Author: Scott L. Hoffman

ISBN-10: 0521708788

ISBN-13: 9780521708784

Category: Banking Law

Project finance is used to build projects such as large-scale energy, infrastructure, toll roads, ethanol, and recycling projects, as well as many others. Project finance requires careful analysis and structuring of a wide variety of risks. This completely updated third edition addresses these risks and their resolution, and details the necessary elements of a successful project financing. Mirroring the structure of an actual project finance deal, this all-in-one handbook examines each step...

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This updated third edition examines the risks of project finance deals as a step-by-step handbook and reference for professionals.

Part I. An Introduction to Project Finance:1. An introduction to project finance; Part II. Risk Identification, Allocation, and Mitigation: 2. Project finance risks; 3. Project finance cross-border risks; 4. Project finance commercial risks; Part III. Project Finance Structures: 5. Project finance participants and their roles; 6. Project finance structures; 7. Selecting the project finance ownership structure; Part IV. Technical, Political, and Economic Feasibility: 8. The feasibility study and needs assessment; 9. Host country business environment for project finance; 10. Economic feasibility; 11. Environmental regulation and environmental feasibility of the project; Part V. Project Finance Documentation: 12. An overview of project documentation; 13. Representations and warranties in project finance credit agreements and contracts; 14. Preliminary host country agreements; 15. Construction contracts; 16. Input contracts; 17. Operation and maintenance agreements; 18. Project finance off-take sales contracts; 19. Power sales agreements; Part VI. Credit Enhancement: 20. Project finance credit enhancement; Part VII. Debt and Equity Financing: 21. Financing sources for the project; 22. The offering memorandum; 23. Project finance debt commitment letters; 24. Credit and related documentation for project finance transactions; 25. Export credits documentation for project finance transactions; Part VIII. Collateral: 26. Project collateral; Part IX. Project Sponsor and Investor Agreements: 27. Governing the project company:stockholder, partnership, joint venture, and management agreements; Part X. Special Topics in Project Finance: 28. Bankruptcy; 29. United States laws affecting foreign investments; 30. Local lawyers and overview of local laws; 31. Dispute resolution in project finance transactions; 32. Multilateral agency prohibitions on anticompetitive activity; 33. Merchant facilities: project finance without contractually-assured revenue flows; Selected bibliography; Glossary of project finance terms; Checklist of due diligence considerations for project financing.