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John J. Semeniak Partner

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New York T +1 212 548 7002 F fax +1 212 715 2317
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John focuses his practice on public finance transactions and has served as bond counsel, underwriter’s counsel, placement agent’s counsel, borrower’s counsel and special tax counsel on numerous tax-exempt and taxable bond financings, including exempt facility financings for the construction of solid waste disposal facilities, sewage facilities and energy facilities (including biomass and other renewable energy facilities).

In serving as bond counsel, borrower’s counsel and placement agent’s counsel, John has reviewed and analyzed underlying security documents, including energy supply agreements and fuel supply agreements, that serve as security for the payment of debt service on tax-exempt and taxable bonds. In addition, John has extensive experience in drafting and negotiating all documents that are required for the financing and refinancing of solid waste disposal, sewage and energy facilities, including indentures, lease and loan agreements, guaranty agreements, offering documents (official statements and private placement memoranda), tax certificates and agreements and security documents, and has coordinated all approvals with state and municipal governmental issuers and their counsel with respect to the issuance of tax-exempt and taxable bonds.

John also represents industrial, manufacturing, retail and energy companies in obtaining state tax incentives. In connection with obtaining such incentives, John negotiates reduced property tax structures with local officials and coordinates and structures related taxable bond issuances.

John advises competitive energy power suppliers on state regulatory requirements relating to licensing, marketing and customer contracts. John’s experience includes reviewing customer contracts to ensure compliance with regulatory requirements and also coordinating with public service company officials on licensing matters.

Experience

  • Representation of a solid waste disposal company in a tax-exempt refunding bond offering aggregating over $140 million to refinance facilities located at multiple sites.
  • Representation of an energy company in a taxable bond offering for the financing of a solar project. Such financing resulted in reduced property tax payments for the energy company.
  • Representation of a placement agent in the private placement of tax-exempt bonds to finance landfill gas facilities. Representation included reviewing and analyzing off-take agreements and pipeline agreements.
  • Representation of a renewable energy company in the structuring of a statewide “green community program” and in the issuance of qualified energy conservation bonds to finance various renewable energy and energy efficiency projects.
  • Representation of an energy company in a tax-exempt bond offering for the financing of thermal energy facilities. Representation included reviewing and analyzing energy supply agreements and fuel supply agreements that served as security for payment of debt service on tax-exempt bonds.
  • Representation of a paper company in a composite tax-exempt bond offering aggregating over $100 million for the financing of solid waste disposal facilities and sewage facilities.
  • Representation of an electric distribution company in a tax-exempt bond offering aggregating over $100 million for the financing of solid waste disposal facilities.
  • Representation of a national competitive energy power supplier on state regulatory requirements. Representation included advising on regulatory requirements relating to licensing, marketing and customer contracts and also reviewing customer contracts to ensure compliance with regulatory requirements.

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