Ken Lind is a partner in Nixon Peabody’s Project Finance and Public Finance group. He works with issuers, underwriters, financial advisors, banks and concession bidders on a range of public finance and project finance projects. He advises clients on public offerings and private placements serving as bond, underwriters’, disclosure, derivatives or bank counsel.
What do you focus on?
Much of my work involves financings related to infrastructure, primarily transportation and water and wastewater projects. I serve as bond counsel to the Metropolitan Transportation Authority?North America’s largest transportation provider?and its affiliate, the Triborough Bridge and Tunnel Authority (operating nine bridges and tunnels), the Metropolitan Washington Airports Authority’s Dulles Toll Road-Metrorail System Project and the Chesapeake Bay Bridge and Tunnel District parallel tunnel project. Additional major projects that I have worked on include the C-70 P3 project in Denver, the I-66 HOV P3 project in northern Virginia, the conversion of the Farley Post Office Building in Manhattan into the Moynihan Train Hall servicing primarily Amtrak and Long Island Rail Road and the downtown segment of the Ohio River Bridges project in Louisville, Kentucky. I serve as designated underwriters counsel to the New York City Municipal Water Finance Authority (New York City’s water and wastewater system) and as bond counsel to the Hudson Yards Infrastructure Corporation, which continues to develop the infrastructure (including the extension of the Number 7 Subway line) to the west side of Manhattan. I also represent major domestic and international banks in connection with their issuance of liquidity and credit facilities supporting bonds and notes, as well as their direct purchase thereof.
Federal Funding Sources
I have significant experience creating financings funded in whole or part by federal grants and loans, including TIFIA loans, federal highway trust fund moneys and full funding grant agreements, including two of the largest such projects in the country—East Side Access (bringing Long Island Rail Road into Grand Central Terminal) and the Second Avenue Subway.
Structuring and Compliance Advice
My experience working in-house for over eleven years at the MTA increased my insight into not only the legal aspects, but also the financing ramifications of structuring complex projects and the financing thereof. This experience has been valuable in advising my clients on matters such as structuring, long-term and interim financing needs, swaps, disclosure and regulatory compliance.