In many cases, as a part of our transaction advisory, capital fundraising advisory, M&A and privatization advisory and workout & restructuring advisory service mandates or responsibilities include the drafting, negotiation, amendment and revision of financing agreements and associated financing term sheets that we prepare on behalf of our public sector or private sector clients. DCS experts are comprised of veteran lawyers, bankers, corporate executives and financial advisors who have decades of global experience with financing agreements and we are also quite familiar with international norms and practices, as well as the environmental, social and health and human safety requirements from many of the International and Development Financing Institutions (IFI/DFI), Equator Principals and other requirements that often need to be considered, in situations where IFI/DFIs and other international lenders are providing support. Of course, the construction and service agreements will also need to conform to our client's own applicable laws and regulations.
DCS advisors have a great deal of experience in drafting and negotiating financing term sheets and agreements on behalf of our public sector, private sector, lender and IFI/DFI clients in many different contractual settings. We can assist our clients in drafting and negotiating all construction and services contracts, either in the context of a competitive tender or in the case of a negotiated transaction framework. The multi-faceted DCS advisory team is prepared to lead all financing agreement and term sheet negotiations relating to all legal, technical, commercial/ financial aspects of the transaction. In a competitive tender situation, where we are providing tender structuring and management services, we will coordinate both the drafting and negotiation of the tender documentations (RFEI/RFQ/RFP packages) as well as the financing agreements and term sheets (in cases where our client is arranging the financing and/or provide stapled financing). The following are a few of the most common types of financing agreements (and related term sheets) that we typically draft, amend, revise and negotiate on behalf of our clients:
DCS advisors are able to provide financing agreement drafting and advisory services on a stand-alone basis on behalf of clients who are pursuing a PPP/P3, project financing, capital fundraising, and workout & restructuring transactions. In most cases, as the construction and service contract drafting services will be only one element of a larger project delivery program, DCS will also be providing numerous other complementary transaction advisory services in relation to other transaction elements. Our preference is always to provide such comprehensive transaction advisory services and coordinate all elements of the transaction, including contract or construction and service contract drafting and advisory services on behalf of our clients.
Under any financing agreement drafting and advisory services mandate, DCS will draw from our vast global network of veteran industry expert advisor affiliates and our relationship consultants in order to assemble the most appropriate team to match the specific needs of the transaction at hand. This will always include leadership of DCS affiliate experts who possess decades of global public and private sector experience related to the specific sector and transaction type. In any financing agreement drafting and advisory services mandate, our preferred role is always to serve as the lead project/program manager. Within this role we are also able to assist in the selection and procurement (or subcontracting) and management of the other advisors and consultants, including local and international legal, technical, tax, insurance/risk, commercial advisors or other specialized advisors, as the specific transaction may require. To the extent that other third-party advisors are required, there are many value added advantages of allowing DCS to assist in the procurement of these advisors. First, DCS expert affiliates themselves possess many of the legal, technical, tax, insurance/risk and commercial skill sets and we are best positioned to determine which additional outside third-party skill sets are required and which firms or individuals should be hired in these roles. Secondly, financing agreement drafting and advisory services requires the organizational management and coordination of many simultaneous workstreams. DCS advisors are experts in project and program management services and are ideally suited to manage and coordinate a multi-dimensional advisory team most efficiently and effectively.
Complementing our comprehensive finance agreement drafting and advisory services, DCS advisors offer the following complementary advisory services that may be applicable, dependent on the specific transaction situation.
DCS experts provide comprehensive finance agreement drafting and advisory services in the following sectors that we specialize in. Please click on the below links to learn more about the sectors that we cover:
DCS experts provide comprehensive financing agreement drafting and advisory services to the following categories of clients:
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