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Practice Areas :
Business
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Privatization
One of the most challenging tasks of federal, state and municipal governments is to provide cost-effective service to its citizens and residents. Lawyers at Patton Boggs have decades of experience in the creation and operation of public-private partnerships for the restructuring of government-owned or managed facilities both in the United States and abroad.
Because of Patton Boggs’ broad experience in this area, the firm has addressed in all issues—whether legal or political—involved in privatization, including balancing public and private needs and goals, securities law concerns, valuation and collateral issues, environmental liability issues, cultural concerns, the changing role of regulatory structures, legislative and regulatory drafting and the negotiation and drafting of financial and other contract documentation. We have participated in a variety of domestic and international privatization transactions, including sale/leasebacks, lease/leasebacks, the establishment of grantor and enhanced use trusts, buy/own/operate (BOO) structures, buy/own transfer (BOT) structures, equity sales and the transfer of title or managerial and operational control by contract.
Representative Matters:
- Served as Project Counsel and Underwriter’s Counsel in connection with enhanced use lease of land owned by U.S. Government for the construction of cogeneration and other commercial facilities.
- Representation of private developers in the acquisition and construction of solid waste/recycling/composting/landfill/wastewater treatment facilities, financed in part by the issuance of tax-exempt bonds by a state governmental authority.
- Representation of the Government of Guam in the privatization of the Guam telephone company.
- Representation of Farm Credit Banks in establishing pooling facilities for the acquisition of securitized indebtedness held or guaranteed by the U.S. Government and issued by domestic agricultural borrowers.
- Privatization of Guyana’s bauxite industry, including extensive negotiations with foreign trade and bank creditors regarding rescheduling of indebtedness.
- Provided advice and assistance to the Governments of Lithuania, Poland, Belarus, and Russia regarding the privatization of government enterprises.
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