Infrastructure And PPP

Advisory on policies and concession agreements on infrastructure projects on PPP model

The key members of our firm have handled several infrastructure development projects in various sectors including power, renewable energy, roads, airports, ports, railway projects, metro rail projects, health, construction projects, etc. The firm acts as a legal advisor in these projects and reviews the project documentation for highways, power, water, telecommunications, in conducting due diligence reviews and further advise on the regulatory framework and review of bid documents and concession agreements.

We have experience in preparation, drafting, review and active involvement in the consultation process with stakeholders in relation to the Model Concession Agreements and other documentation for PPP projects across all infrastructure sectors including highways, ports, airports, transmission, sewerage, education, urban development etc. We have been advising various governmental authorities on infrastructure projects.

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OUR SUCCESSES OVER THE YEARS

What We Have Done

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  • Drafting, review and finalization of term loan facility to the tune of USD 15 million in the form of External commercial Borrowing extended by the Standard Chartered Bank to be utilized for the purposes of acquisition and development of the coal mine in Indonesia and procurement of fixed assets required for mining;
  • Advised Astonfield Renewable Resources in the overall structuring of the transaction with Grupo T-Solar Global S. A., Spain keeping in view the constraints in the Power Purchase Agreement with NVVN and also the conditions laid down by lenders in its sanction terms;
  • Rendering legal assistance to Millennium City Expressways Private Limited the concessionaire for the Delhi Gurgaon Expressways in its day to day operations and review and advise on correspondences with NHAI and other governmental authorities as well as corporate compliances.
  • Rendered all necessary legal support to the IDFC in its capacity as lenders agent and the senior lenders in preparation and finalisation of documentation with National Highways Authority of India with respect to substitution of Delhi Gurgaon Super Connectivity Limited with a new Concessionaire and entering into necessary documents in relation thereto with NHAI.  Preparation and finalisation of debt and equity documents required to be entered into between the new concessionaire and the senior lenders.
  • Assisted on an ongoing basis and preparing PPPAC Notes and comments in revisions made in the Concession Agreement for various projects in the infrastructure sectors including State and National Highways and Ports and advising the Government of India on implications of each of the revisions made in the Concession Agreements and relating to the same to the clauses and principles laid down in the Model Concession Agreement.
  • Advised a Project Management Consultant in development of a night safari and Zoo on DBFOT basis in Nagpur in the State of Maharashtra to be implemented by the Forest Development Corporation of Maharashtra Limited and in this regard involved in review of the tender documents and the drafting and finalisation of the Joint Venture Agreement proposed to be entered into between the Concessionaire and the governmental department.
  • Legal consultant to a Project Management Consultant (comprising of IFC and Ernst & Young) for a multi-level parking facility proposed to be developed in Thimpu in Bhutan and in this regard in review of the Tender documents and the Concession Agreement and preparation of a tool kit for the Authority.
  • Advising and drafting necessary documents including development agreements for a bus terminal cum commercial facility in Odisha and in this regard review of the Concession Agreement
  • Preparation of the risk evaluation report for Essel Infraprojects Limited in relation with project for development of Government Colony of Bandra East, Mumbai and in this regard in review of all necessary documents including the tender documents and draft concession agreement proposed to be executed between the governmental authority and the selected bidder.
  • Drafting of a draft Regulatory Reforms Act proposed to be tabled in the Parliament and in this regard detailed study of the present regulatory framework for various infrastructure sectors in the country.
  • Legal representation for a major US power company proposing to acquire 100% of the issued and paid up share capital of a 515 MW power plant in Hazira in Gujarat (“Power Plant”). As a lead member of the team, involved in review of corporate records and project documents of the Power Plant including Disclosure Schedules, PPA, EPC Contract, O&M Contract and in preparation of an exhaustive Due Diligence Report which involved in-depth study of the regulatory framework of the power sector in the country, approvals required there under and all relevant central as well as local laws.
  • Represented on an ongoing basis a corporation jointly operating a 520 MW coal based power plant located at Ramagundam, Andhra Pradesh which involved review of project documents and advise on tax treatment of deputed/seconded employees, tax treatment of O&M cost and expenses, company law issues on constitution of the board of directors, affirmative voting rights. Also advised on the exit options available under various agreements and project documents as well as consequent liabilities upon its exit from the project.
  • Represented a foreign investor proposing to invest in India’s first private water treatment and supply and waste water treatment project in Tamil nadu which involved detailed due diligence review of draft project documentation including Project Information Memorandum, Concession Agreement, Shareholders Agreement, Bulk Water Supply Agreement, Offtake Agreement involving in depth study of local municipal laws of Tamil nadu, rules, regulations and bye-laws along with advise on the corporate issues.
  • Prepared an exhaustive financial feasibility study for a promoter proposing to finance a power project run on liquefied natural gas with a view to establish a reference knowledge base of each project, identify likely best and 3-5 viable state(s) for independent LNG based power projects, assess the feasibility of integrated financing for LNG based power projects including renewable power projects which involved research and advise on available mechanism for equity and debt financing in the Indian market and the available tax incentives, compiling details on escrow, financing and tariff structure for each of the LNG project in India.
  • Advised a US based Funding Group in its proposed acquisition of an operating wind power project in Maharashtra and in this regard advise on tax treatment on import of machinery and equipment. Additionally, also advised Funding Group in connection with its investment in two renewable energy projects and strategies for efficient structuring of investments to maximize control in these entities.
  • Legal assistance to a foreign investor in a power project in Tamilnadu to devise a fact based strategy and roadmap for the power plant to resolve the ongoing tariff crisis and fuel management challenges to maximize the asset value of the power project.
  • Detailed review and analysis of bidding documents for a pipeline project from the point of view of assessment of all direct or indirect restrictions on the contractor pursuant to awarding of the contract including restrictions, if any on transfer of shareholding.
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Upscale Legal is a multi-service law firm catering to the needs and interests of various Corporate houses, Financial institutions, Government agencies & departments, along with assisting in supplementary business & legal issues of our individual clients.
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Upscale Legal is a multi-service law firm catering to the needs and interests of various Corporate houses, Financial institutions, Government agencies & departments, along with assisting in supplementary business & legal issues of our individual clients.
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Copyright by Upscale Legal. All rights reserved.