Infrastructure

Baker Botts is composed of lawyers skilled in various complementary practices that offer clients the range of legal skills and experience needed for sophisticated investment transactions in all manner of infrastructure matters worldwide. Our lawyers have advised institutional investors, private equity funds, sponsors and lenders on investments in both greenfield and brownfield projects. We are well versed in the negotiation of the full array of project documents, from concession agreements to design-build contracts, and understand the appropriate risk allocation among the participants in these projects, including from the perspective of financial investors seeking long-term, stable returns.

Public-Private Partnerships:
We have broad experience in Public-Private Partnership arrangements for toll road, rail, port and airport projects as well as arena and stadium projects, water and wastewater projects and telecommunications projects worldwide. Our strong project development and finance capabilities; and our complete understanding for the project financing context in which properly structured contractual arrangements are critical to a successful non-recourse transaction. 

Our seasoned experience in such complex transactions, and in coordinating and developing consensus among the multiple parties involved in these transactions, enables us to advise on issues with an informed perspective regarding the overall significance of potential bid and negotiation outcomes. This perspective, and our appreciation for the objectives of each of the project and finance participants to a proposed transaction, allows us to anticipate issues, offer timely and creative solutions, and help our clients in their efforts to win bids and close deals.

Our lawyers’ skills in relation to concession bids and agreements derive from extensive experience advising on project finance transactions worldwide. We have a thorough understanding of the appropriate allocation of risks relating to a project’s cash flow stream, and understand the need to tailor the other core project documents to fit the requirements of the concession agreement. We also know the fundamental requirements of a “financeable” transaction, from the perspective of the debt providers, monolines and rating agencies, and have extensive experience in structuring workable solutions to intercreditor issues in multi-tranche financings. This combination of strengths is brought to bear on each project on which we advise, from bid to financing.

Arena and Stadium Projects: 
Baker Botts represents owners, lessors, licensors, users, licensees, lessees, borrowers, lenders and advertisers in connection with their use, lease, funding of and advertisements in arenas and stadiums. Our work includes negotiation of lease agreements with municipalities and sports authorities, naming rights agreements, suite leases, tenant subleases, use agreements and loan agreements.

Transportation Projects: 
Baker Botts lawyers have been actively involved in projects centering on railroads, ships, airports, port facilities and other transportation modes and corresponding infrastructure around the world. We have many years’ experience advising in relation to the financing, lease and operation of trains, rolling stock, ships, aircraft and satellites. Our lawyers also have extensive experience in the aviation sector, including in relation to the acquisition, sale, financing, leasing and operation of aircraft, and we have advised manufacturers, financiers, commercial airlines, tour operators and owners of executive jets (including in relation to fractional ownership programs).

Telecommunications Projects: 
Baker Botts lawyers have worked on major telecommunications projects around the world, including projects in the mobile telephony, cable TV and satellite sectors. Our lawyers have advised clients on the establishment of joint ventures; the financing (including lease financing) and acquisition of telecommunication assets; vendor financing arrangements; and the acquisition, launch and operation (including telemetry, tracking and control) of satellites.

Water and Wastewater Projects
Baker Botts lawyers advise clients on all aspects of water and wastewater project development and finance, including offtake arrangements, construction, restructuring, privatizations, industry regulation, environmental advice, effluent and wastewater processing and management and desalination facilities to conserve or produce potable water.

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