Fernando Rodriguez Marin is a Projects and Infrastructure partner in the New York office. He has more than 25 years of experience advising developers, investors and financial institutions on infrastructure, energy and real estate projects.
Fernando represents clients in project finance and Public Private Partnership transactions, especially roads, rail and other infrastructure transactions (both brownfield and greenfield), as well as renewable energy projects. In this capacity, he drafts and reviews PPP and concession agreements and project contracts (e.g., design-build, operation and maintenance, interface, equipment supply, etc.). He supervises and conducts due diligence on projects, in addition to drafting and negotiating credit documents. He has extensive experience in Latin American and Spanish matters.
Representative Experience
Legal counsel to a Star America-Airis Development Group consortium in its bid for the San Diego County Regional Airport Cargo Facility P3 project.
Representing the Government of Cyprus in connection with the tender of a concession for the redevelopment of the Port of Larnaca.
Representing a European investor in the acquisition of a multinational telecommunications backbone and infrastructure provider with a presence in Latin America.
Representing Citibank as lender to a wholly-owned subsidiary of Metrus Energy Inc. in connection with the financing of an energy efficiency program sponsored by a leading multinational retail company.
Representing Tozzi Renewable Energy and Ergon Peru (SAC) in connection with bridge loan and term loan facilities to finance the development, construction, installation, operation and maintenance of certain autonomous photovoltaic panels in areas not connected to the interconnected network of Peru under three “Investment Agreements” entered into with the Government of Peru, acting through the Ministry of Energy and Mines, under a new structure for solar in Peru.
Represented the lenders or underwriters to the Front Range Mobility Group in connection with this consortium’s bid for the C-70 East Project currently being procured by the Colorado Department of Transportation.
Represented Puma Energy in connection with the refinancing of its acquisition of Exxon-Mobil’s Central American downstream assets located in six Central American jurisdictions. The financing including taking security on fuel service stations, terminals and other individualized assets located in each of the six jurisdictions and the subsequent cancellation of the same following repayment of the debt.
Represented the underwriters to the Portsmouth Gateway Group, a consortium made up of ACS Infrastructure Development Inc., InfraRed Capital Partners and Star America Infrastructure Fund in the Private Activity Bond financing of the Portsmouth Bypass P3 project that was awarded to the consortium by the Ohio Department of Transportation.
Counsel to UniCredit Bank Corporate Finance group with respect to the purchase and administration of positions in syndicated loans across a variety of sectors.
Represented Citibank in the financing of an energy efficiency contract involving the installation and operation of a new Combined Heating and Power Plant in an office building located in Lewisham, England.
Advised Sacyr Industrial USA LLC in the negotiation of two EPC contracts for the remodeling of two biomass power plants in North Carolina.
Represented an affiliate of Abengoa Bioenergy in connection with the financing of the Hugoton (Kansas) combined cellulosic ethanol production facility and related biomass-fired power plant under a project financing by the Federal Financing Bank guaranteed by the U.S. Department of Energy under the Section 1705 DOE Loan Guaranty program.
Represented the administrative agent and the senior bank lenders to the Pocahontas Parkway toll road project in Virginia, in connection with the strict foreclosure by the lenders, restructuring of debt and equity, and tax structuring for a mix of cross-border, public and private side lenders, including TIFIA.
Represented a consortium of international companies including Iridium, Vialia, Ansaldo and Impregilo in connection with the project bond and bank financing of a long-term DBFOM Agreement with respect to the future Line 2 of the Lima (Peru) metro.
Represented the lenders in the financing to the Long Beach Judicial Partners consortium for the long- term concession to design, construct, finance, operate and maintain the Long Beach Court House and associated facilities, the first social infrastructure project of its kind in the U.S.
Represented an investment group led by Blue Ocean Harvest in its negotiations for a 30-year concession for the design, construction, financing, operation and maintenance of an airport in a capital city in the Caribbean.
Represented Abeinsa Business Development as borrower in a bilateral loan made by Sumitomo Mitsui Banking Corporation to finance the acquisition of a GE turbine to be installed in Abengoa’s Mojave solar project.
Represented a subsidiary of FCC Environmental, an affiliate of a Spanish company, in a project for the development of an oil re-refinery in the eastern United States.
Represented the arranger and placement agent in a 4(2)/Reg S US$132.8 million offering of project bonds to finance the construction of a new 223 MW cold reserve power plant in Northern Peru (Etén).
Represented Uralita S.A. in connection with the amendments to a private placement Note Purchase Agreement (2012) and the termination of the same following a refinancing completed in 2013.
Represented Terminales Portuarios Euroandinos S.A. as sponsors and issuers in a Rule 144A/Reg S US$110 million offering of project bonds to finance the construction of a new terminal at the Paita Port in Northern Peru.
Represented Gamesa Wind LLC (a subsidiary of Gamesa Eólica S.A.) in connection with the financial closing of two projects in Honduras and Costa Rica.
Represented Globeleq Inc. in connection with its prospective purchase, future development and export credit financing of a 200MW portfolio of wind generation assets in Central America.
Represented a co-investor in its role as equity investor, developer and managing member in the development and project financing of a portfolio of 183 MW of wind-powered generation projects under contract with Idaho Power.
Represented the State of Guanajuato, Mexico as concession grantor, equity participant and prospective co-lender in connection with a concession to a private consortium to develop an interurban high speed rail project proposed to interconnect three or more cities in the state.
Represented Abener-Ghenova on regulatory issues related to the provision of engineering services in connection with the construction by an Abener affiliate of a solar project in Arizona.
Represented RBC as the lead underwriter and lender to the Golden Gate Access Group, a consortium led by ACS Infrastructure Development Inc., for the issuance of private activity bonds to support in Golden Gate’s bid to acquire the concession for the Presidio Parkway Project in San Francisco.
Represented Transfield Services Ltd., in connection with multiple U.S. and multinational credit facilities.
Represented the lenders one of the shortlisted bidders for the long-term lease and concession for the Alligator Alley toll road in Florida (procurement was cancelled by the Authority, 2009).
Represented Global Via Infraestructuras S.A. in its bid for the DBFO concession for the Jackson Airport Parkway Project in Mississippi (suspended since September 2009), and other matters involving toll roads in the U.S.
Represented a leading international developer in its bid for the Poinciana Toll Road in Florida, a private toll road project, which was suspended indefinitely by the private developer in 2010.
Represented Itinere Infraestructuras S.A. in its bid for the concession of U.S. 460 in Virginia.
Represented Itinere Infraestructuras S.A. in its bid for the concession of the North Tarrant Express project in Texas.
Representing BBVA in its capacity as administrative agent and six other Spanish banks as lenders in the closing of an approximately US$1.6 billion credit facility involving a euro-denominated tranche and a U.S. dollar denominated tranche to finance a pulp and paper project for Grupo ENCE Empresarial S.A. (ENCE) and its subsidiaries in Uruguay.
Professional Highlights
Recognized by Chambers Global, USA – Projects (2016) and Spain – Projects (2016); The Legal 500 U.S.,
Energy – Renewable/Alternative (2016) and Project Finance (2016 – 2017).
Profiled as a key member of Pillsbury’s 2017 Latin Lawyer 250-ranked practice in the region
Speaking Engagements
Panelist “Financing 4G Projects through Public-Private Partnerships (PPPs): The Key to Unlocking Private Investment” at the Bonds, Loans & Derivatives Andes 2017 Conference in Bogotá, Colombia.
Moderated, “How can Project Developers, Sponsors and the Government Become More Harmonized to Realize Peru’s Infrastructure and Energy Potential?” at the 2017 Project Finance & Capital Markets Peru.
Moderator, “How Can Energy and Infrastructure Developers Secure Long Term Sponsorship for Their Projects and Why the Introduction of PPPs Is Vital to Secure Sufficient Liquidity?” 2016 Argentina Bonds, Loans & Derivatives Conference, Buenos Aires (November 3, 2016).
Moderator, “Local Lending vs. International Loans: Are Regional Banks the New Power Players in the Market?” Bonds, Loans & Derivatives Andes 2016, Bogotá, Colombia (February 23, 2016).
Education
LL.M., Harvard Law School, 1988 LL.B., Universidad de Sevilla, 1983
Admissions
New York Madrid
Languages
English French Spanish
External Publications
New Peruvian Framework for PPPs, Project Finance International, Author: Fernando J. Rodriguez Marin, 03/09/16
A New York P3 State of Mind, Project Finance International, Issue 556, Authors: Fernando J. Rodriguez Marin, Nicolai J. Sarad, 07/01/15