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David P. Graybeal



Mr. Graybeal has extensive experience representing both providers and users of capital on a wide variety of commercial and structured matters, including leveraged and single investor leasing, securitizations and other structured financings, project financings, secured transactions and bank loan and credit agreements.

What do you focus on?

My practice focuses on asset and equipment finance and within this area I have deep knowledge and experience in the following industries and practices.

Rail, Air and other Transportation Assets

I represent equity investors, lenders and lessees in all aspects of rail car, locomotive and aircraft finance, including operating and finance leases, secured loans, sales and asset transfers and securitization. I work on all aspects of the transactions, from front-end structuring, negotiation and documentation to end of term equipment return as well as work-outs.

Energy and Project Finance

I represent developers and investors in project financings, including fossil fueled, solar and wind energy projects as well as manufacturing and infrastructure projects. My work includes negotiating and documenting power purchase agreements, operation and maintenance agreements, SREC contracts, facility leases, equity ownership arrangements.

Secured Transactions

Since my practice commonly involves secured transactions, I am one of Nixon Peabody’s UCC professionals and frequently consult with colleagues on issues related to secured transactions.

What do you see on the horizon?

Capital investment in infrastructure, be it in transportation or power, remains the backbone of economic growth. Efficient and effective financing is the key to this investment.

Publications and presentations

  • “The Environmental Aspects of Equipment Leasing,” Equipment Leasing, Matthew Bender, 2007. (Chapter Author)
  • “Rolling Stock,” Equipment Leasing - Leveraged Leasing, Practicing Law Institute, 2010. (Chapter Author)
  • Frequent speaker and panelist at various seminars on equipment leasing, commercial and project finance and bank lending arrangements.

    Representative Experience

    • Representation of equity investor/lessor in multi-phase lease financing of solar facility to a college district.
    • Representation of developer in negotiation of power purchase agreement, site lease, SREC agreement and related contacts for development of a 10 MW solar facility.
    • Representation of sponsor in connection with structured monetization of power sales contract.
    • Representation of major bank in connection with secured financing of service contracts. 
    • Representation of domestic railroad in connection with the procurement and permanent financing of over a billion dollars of rolling stock, including secured loans and leveraged leases.
    • Representation of institutional equity investors in connection with numerous leveraged lease financings of aircraft, rolling stock, and new factory equipment.

    Contact

    David P. Graybeal

    Partner

    New York

    Phone: 212-940-3076


    Fax: 866-279-6697

    University of California, Hastings College of the Law, J.D.

    University of California, Berkeley, M.B.A.

    University of California, Berkeley, M.A.

    Yale University, B.A., cum laude

    California

    New York

    David Graybeal has been recognized for his exceptional standing in the legal community in the area of Business/Corporate practice in the 2008, 2009, 2010, and 2011 editions of New York Super Lawyers.

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