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Project Finance

Project Finance

Our team of lawyers has unique practical experience in project finance work on groundbreaking deals in Kazakhstan and can provide legal assistance and advice to develop and structure the most complicated project finance (including limited-recourse) transactions.  We have represented banks, international financial institutions, project sponsors and other equity investors, as well as the Kazakhstan central and local governments, in the development, financing, construction, operation and acquisition of a wide range of capital intensive projects and facilities throughout Kazakhstan.  

These projects and facilities include power plants, gas pipelines, oil and gas fields, airports, ports, wastewater systems, industrial plants and other infrastructure projects. Our lawyers can help you complete transactions from their beginning to closing.  The services we provide include:

  • development of the optimal legal structure of a project;
  • analysis of the legal risks affecting the project structure;
  • development of plans for the allocation of legal risks in terms of the financial instruments to be used;
  • transaction structuring and preparation of the transaction plan for clients with an analysis of the options for project finance, and/or combining debt, equity and other ‘hybrid’ options for project finance;
  • appraisal of the applicability to the project of state support instruments and development of the plans for state involvement in the project;
  • preparation of the package of documents for an investment project to obtain project finance with state support;
  • optimisation of the process of approval and obtaining of opinions on the project at all stages from the ministries and departments engaged in the project’s selection;
  • development of contractual and other documents regulating the legal relationships between the SPV, sponsors, creditors, operators and other project parties;
  • negotiations on the structure of the project with the key project parties;
  • advice to clients on project issues, including the settlement of the conflict of interests;
  • drafting of pledge agreements, mortgage agreements, guarantees, sureties, security assignments and other security documentation. Registration of the pledges with the relevant state authorities of Kazakhstan;
  • drafting of the resolutions of the bodies authorised for the approval of large transactions and interested-party transactions made in connection with loan raising;
  • drafting and issuing of legal opinions and memorandums under Kazakh law;
  • if required, interaction with public authorities to obtain necessary approvals.

Recent Experience:

  • advice to EBRD on the financing of a state-owned company with the purpose of modernising the water and heating systems in Aktau city, Kazakhstan;
  • advice to Korean investors on the development, financing, construction, operation and maintenance of the Balkhash thermal power plant (ongoing debut IPP project in Kazakhstan);
  • advice to Korean investors on the development, financing, construction, operation and maintenance of a 100 ~ 150 MW combined-cycle gas-fired power plant in the Kyzylorda region, Kazakhstan (ongoing);
  • advice to an international bank on financing the modernisation of the electric networks of a city in Kazakhstan (ongoing).

Publications:

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RATING

chambers

"The team is noted for its strength in banking and finance matters"

legal500

"The team has particular expertise in banking and finance"