Designing PPP Legal Agreements: Concession Contracts and Offtake Agreements

Location: Online Learning
Date: January 24 - February 4, 2022
Tuition: $1,000
Registration Code: P16-220124-I1
CEUs: 1.0


Webinar Meeting Times

  • Monday 24 January 12:00 UTC
  • Wednesday 26 January 12:00 UTC
  • Monday 31 January 12:00 UTC
  • Wednesday 2 February 12:00 UTC

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

Learning Outcomes

Through successful completion of this course, participants will be able to:

  • Understand different types of PPPs and their corresponding use cases
  • Draft clear output performance criteria for construction and operation of varying PPP project contracts
  • Evaluate economic requirements using PPP concession agreements and offtake agreements
  • Design plans for fulfilling contractual license responsibilities for risks related to future events
  • Analyze contractual risks and identify solutions regarding contract conclusion and hand-back

Who Will Benefit

  • Staff from federal, state, county and municipal governments
  • Members of planning organizations and boards
  • Regulators and authorities for infrastructure utilities and public services
  • Professionals from financial institutions
  • Staff of international donor organizations

This course is part of the PPP Strategies, Methods, and Project Structuring Program of online learning.

Comprised of six online courses, this program is an introduction to the theory and practice involved in public-private partnership (PPP) procurement, project design, and implementation. This suite provides a fundamental framework for executing PPP projects and is required for more advanced training in this field.

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