Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Insurance for Projects

BY Howard K. Weber
April 01, 2016

Project finance transactions have certain risks associated with them that traditional credit-based transactions do not. These risks previously made it impossible to approach whole classes of investors due to regulatory reasons. Many pension funds and so forth are limited in their ability to invest in such projects without an investment grade rating or support the transaction with NAIC 5 levels of equity leading to prohibitive pricing. By using various insurance products now available in the market, many project finance developers have been able to change previously sub'investment-grade risks into more highly rated transactions, thus opening them up to classes of lenders that otherwise would not be able to provide the debt for such transactions.

Turning an uninsured transaction into an insured transaction can lengthen both the term and amount of debt for the transaction while at the same time lowering the interest rate of the debt, which implies less equity and overall capital cost for the transaction.

In a nutshell, the project developer pays an insurance premium to an insurance company willing to take on certain risks that a credit based investor is not. This mechanism accomplishes two benefits for the developer. First, because the lender is now taking on a highly rated risk, the range of potential lenders is significantly greater than it otherwise would have been both in terms of quantity of investors and length of the loan. Second, because the transaction has been changed in terms of risk the interest rate will be lower than it would be without the insurance policy.

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.