Bonds and Securities

Bonds and Securities

• Acting as lead counsel in the development of an $87 million biodigester project that will be located in the midst of several dairy farm operations, where ample manure will provide the bio-feed to operate a plant that will produce interstate pipeline quality methane gas for sale to a local utility, at a special premium rate (as a renewable energy source), the processing of compost and the sales of liquid fertilizer into available markets. We have negotiated supply contracts with various local dairy farms; assisted on the development of a voluntary remediation program with local environmental authorities (for groundwater pollution related to dairy operations); worked on interconnection issues for renewable energy generation involving state regulatory requirements and contracts for the sale of renewable energy certificates (RECs) attributable to power generated from renewable energy sources; handled corporate matters relating to the project; worked regularly with officers and the board in preparing and assisting in the conduct of a successful private placement for working capital purposes; and worked on permanent financing options and making contact with investment banking entities. We also have worked on negotiations with the proposed engineering, procurement and construction (EPC) contractor for the $27 million first phase of this project.
• Served as counsel in a $35 million revenue of hospital financing that involved the issue of tax-exempt Recovery Zone Facility Revenue Bonds and certain tax-exempt leasing transactions, to expand hospital facilities and refinance outstanding indebtedness.
• Recently served as counsel to national mining company in the issuance of taxable industrial revenue bonds in the principal amount of $60,000,000 to finance the acquisition, construction, installation and equipping of an integrated potash processing, storage and load out facility and all associated equipment within the boundaries of Eddy County, New Mexico that would involve the underground injection of saline water and the extraction of a potassium-rich solution, which solution will be routed to a solar evaporation pond system where the potassium-bearing salts will be precipitated. The solid potassium-bearing salts will be harvested from the ponds and routed to a floatation plant for ore refinement and then compacted and granulated for storage, load out and sale.
• Serving as counsel to Developer in (i) the formation of a public improvement district (“PID”) consisting of approximately four hundred and eighty-two (482) single-family dwelling units, one hundred and ninety-eight (198) attached dwelling units, and 42,900 square feet of non-residential building area, within Albuquerque, New Mexico and (ii) the related special levy bond transaction. This firm successfully represented the Developer in the formation process before the City of Albuquerque and is now serving as Developer’s counsel in the proposed issuance by the PID of special levy bonds in the estimated principal amount of $9,030,000, the proceeds of which will be used, in part, to finance the acquisition of certain eligible infrastructure improvements.
• Recently completed representation of technology start-up in successful multi-state offering of up to $2,000,000 in the company’s common stock, which relied upon certain exemptions from registration under the Securities Act of 1933 and regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“1933 Act”) and one or more exemptions from state registration including Section 18(b)(4)(d) of the 1933 Act.
• Long-term engagement as counsel to entity acting as the general partner and investment adviser to New Mexico Co-Investment Partners, L.P., organized on behalf of the New Mexico State Investment Council to invest in a diversified portfolio of direct co-investments in the state of New Mexico. The engagement covers a wide range of transactions, including bridge loans, follow-on investments, and direct equity investments.