The Law and Business of International Project Finance

Scott L. Hoffman is an internationally recognized legal authority in project finance. His active involvement in the project finance industry in the last 22-plus years includes representation of Fortune 500 countries, utilities, banks, and testimony before the US Congress on energy policy-making. As a partner at Evans, Evans & Hoffman LLP, he practices energy and environmental project finance, international banking and commercial law, and represents energy development companies in the development, acquisition, and financing of energy projects throughout the world. He received his Juris Doctor degree from Syracuse University College of Law; while at the College of Law he was on the Managing Editorial Board of the Syracuse Law Review and served as Editor of its Annual Survey of New York Law. Scott L. Hoffman has published numerous editions of his books, as well as many international project finance articles for professional and trade journals. Mr Hoffman is a member of the US Supreme Court, New York State, District of Columbia, and Ohio bars.

• 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.