Faegre Baker Daniels facilitates public finance transactions on behalf of local and state governments, public and charter schools, libraries, museums, colleges, nonprofit and public hospitals, Indian tribes, investment firms, and private developers.
When municipalities undertake capital projects, we guide them throughout the process, beginning with identifying revenue sources, such as bonds, property taxes, local option income taxes, tax increment revenues, and lease and user revenues. We serve as bond counsel to government issuers of general obligation, revenue, tax increment, lease-revenue and private activity bonds. Our team has counseled hundreds of local communities in the Midwest on projects ranging from $100,000 to more than $300 million. Recent transactions have included transportation, telecommunications, electric power, housing, biomass, school and hospital financings.
We represent regional and national public finance investment bankers throughout the Midwest during issuance and offering of bonds by state and local governments and nonprofits. We draft disclosure, sale and underwriting documents and fulfill due diligence and other SEC obligations for our clients during issuance. Recent transactions have included bonds backed by sales tax revenues, tax increment and utility revenues, and conduit financings for health care and educational institutions.
Developing Working Capital
When local governments face cash flow shortfalls, our attorneys help them obtain short-term borrowings to cover operating expenses until they receive tax installments. Strategies include issuing tax warrants or utilizing programs offered by local improvement bond banks. We also assist in refinancing municipal and tax-exempt debt to lower a bond or lease payment or eliminate restrictive covenants. We guide the comprehensive review, planning and execution of revenue-enhancing and cost-cutting measures to produce long-term savings.
- Drafting legislation and ordinances to authorize governmental financings
- Handling hedge transactions, including interest rate swaps, variable rate caps and other derivative products
- Refinancing, conversion and restructuring of auction rate debt
- Reviewing and confirming opinions for arbitrage rebate calculations
- Representing clients before the Internal Revenue Service (IRS) on tax-exempt bond matters, including audits and ruling requests
- Assisting board trustees in default and workout situations
- Counseling private developers on financing projects through government funding sources