With an
in-depth understanding of PRC law and frequent communication and close
cooperation with regulatory authorities, we are able to provide clients
compliance services concerning every regulatory matter of all banking
business.
TB lawyers represent
clients participating in every aspect of financing in connection with banks,
institutional investors, funds, export credit agencies, project developers,
governmental entities with respect to financing oil, gas and natural resources,
water, waste disposal, chemical and industrial plants and the other infrastructure.
We are well prepared to view the transaction from the unique perspective
of our client.
TB lawyers assure
that the client achieves its goal of completing the project on time and
within budget. We identify the client's objectives and needs in the transaction
as well as its existing and anticipated relationships with the other participants.
In addition,
we examine the inherent risks whether the client is a developer, lender,
host government, or other participant and propose a framework to allocate
risks to the parties best able to bear them, with a view to minimizing
the risks assumed by the client. Once the client determines which risks
it is willing or required to bear, we work together to minimize the costs
emanating from those risks and maximize the rewards the client seeks from
its investment, whether equity, debt, or other value such as fees, royalties
or concession receipts.
SCOPE OF OUR SERVICES
Project Finance: We
represent clients in structuring financing for a project; drafting and
negotiating loan documentation for a variety of financing types, together
with security documents and collateral agency agreements, inter-creditor
documents and cross collateralization arrangements; negotiating bond,
and similar financing; drafting and negotiating project contracts, including
power purchase agreements and other facility agreements, fuel and raw
material supply and transportation contracts, engineering and construction
contracts, design and license agreements, and operation and maintenance
agreements.
Acquisition Finance: We represent financial institutions, equity funds, and corporate entities
in connection with the financing of mergers, acquisitions (whether of
equity or of assets), management and highly leveraged buyouts, restructurings,
and other similar transactions.
Loan & Credit: We represent both financial institutions and corporate borrowers in every
aspect of loan transactions. These transactions include single bank loans
and credit facilities (ranging from short-term unsecured facilities to
global banking facilities involving multi-jurisdictional collateral),
bilateral loans, syndicated loans, and participations, and are typically
comprised of term loans, revolving loans, letter of credit facilities,
and/or bid loan facilities. We also represent financial institutions in
their capacities as agents, senior lenders or other syndicate members,
sellers or purchasers of participations, and assignors or assignees of
direct loan interests.
Real Property: We
represent clients in drafting and negotiating ground leases, real property
acquisition agreements, and mortgages; structuring the right of land use.
Permitting and Environmental: We represent clients in preparing and reviewing applications for permits
and other governmental approvals relating to construction and operation;
negotiating with permitting agencies and other authorities responsible
for project approvals; negotiating environmental issues affecting project
sites with environmental authorities, lenders and other project participants.
Licensing and Technology Transfer: We represent clients in drafting and negotiating licensing and technology-use
agreements; analyzing intellectual property issues and technology transfer
restrictions.
Dispute Resolution: We represent clients in representing clients in settlement negotiations
involving contractors, financing parties and other project participants,
and rendering litigation and other dispute prevention and resolution advice
relating to projects.
PROCEDURE
1. Submitting Documents
Business
License
Certificate
of the identity of the legal representative
Phone,
fax and mailing address of the contact person appointed
Investment
Opinion
Introduction
to the company
Introduction
to the project
Planning
and analysis of the market
Choice
of project site
Corporate
structure, quota of the labor, source of the labor, salary structure
Advice
on the amount of financing
Advice
on financing use
Advice
on the way of cooperation, years of investment return and investment reward
Financial
Analysis
Conclusion
Approval
Document
Resume
of board of management
2. Legal Opinion regarding
Financing
3. Operation based on Financial
Plan
recommending
the name list of investors or partners
face
to face negotiation
site
investigation and confirmation with respect to the material issues
signing
investment agreement
payment
and follow-up service
4. Dispute Resolution |