Course Description

This course is designed to give legal practitioners and procurement specialists an in-depth overview of the critical legal documents used in public-private partnership (PPP) transactions. Beginning with the concession and PPP agreements, participants will examine several key clauses that are particularly relevant today:

• Project completion deadlines
• Force majeure provisions
• Termination provisions
• Economic and financial equilibrium and supervening events
• Change of law

Students will also examine the financing agreements and explain how they are synchronized with the PPP agreements, focusing specifically on the following clauses:

• Mandatory prepayment
• Intercreditor issues
• Standard clauses for both positive and negative covenants
• Step-in rights of lenders—why are they needed, and how are they drafted in the direct agreement?
• Other elements of creditor security in PPPs, i.e., letters of creditor and bonding