Kenneth C. Lind

What do you focus on?

Infrastructure

Much of my work involves financings related to infrastructure, primarily transportation and water and wastewater projects. I serve as bond counsel to the Metropolitan Transportation Authority―North America’s largest transportation provider―and its affiliate, the Triborough Bridge and Tunnel Authority (operating nine bridges and tunnels), and the New York City Municipal Water Finance Authority, which provides water to almost 10 million residents. I also serve as bond counsel to the Metropolitan Washington Airports Authority’s Dulles Toll Road-Metrorail System Project and the Chesapeake Bay Bridge and Tunnel District parallel tunnel project. Additional major projects that I have worked on include the C-70 P3 project in Denver, the I-66 HOV P3 project in northern Virginia, the conversion of the Farley Post Office Building in Manhattan into the Moynihan Train Hall servicing primarily Amtrak and Long Island Rail Road and the downtown segment of the Ohio River Bridges project in Louisville, Kentucky. I serve as bond counsel to the Hudson Yards Infrastructure Corporation, which continues to develop the infrastructure (including the extension of the Number 7 Subway line) to the west side of Manhattan. I also represent major domestic and international banks in connection with their issuance of liquidity and credit facilities supporting bonds and notes, as well as their direct purchase thereof.

Federal Funding Sources

I have significant experience creating financings funded in whole or part by federal grants and loans, including TIFIA loans, federal highway trust fund moneys and full funding grant agreements, including two of the largest such projects in the country—East Side Access (bringing Long Island Rail Road into Grand Central Terminal) and the Second Avenue Subway.

Structuring and Compliance Advice

My experience working in-house for over eleven years at the MTA increased my insight into not only the legal aspects, but also the financing ramifications of structuring complex projects and the financing thereof. This experience has been valuable in advising my clients on matters such as structuring, long-term and interim financing needs, swaps, disclosure and regulatory compliance.

What do you see on the horizon?

Significant challenges continue to impact the structuring by municipalities of complex infrastructure projects. We have significant experience combining a variety of local, state and federal funding revenues, together with private equity in a P3 context, to progress major public improvement projects.

Representative Experience

• Co-bond counsel to the Metropolitan Transportation Authority in connection with the $1B+ Transportation Revenue Bond Anticipation Notes, Series 2019D to finance transit and commuter rail projects.
• Co-bond counsel to the New York City Municipal Water Finance Authority in connection with the $450M Water and Sewer System Second General Resolution Revenue Bonds, Fiscal 2020 Series BB to finance improvements to New York City’s water and sewer system serving almost ten-million customers.
• Bond counsel to the Chesapeake Bay Bridge and Tunnel District in connection with the $378M+ First Tier General Resolution Revenue Bond Anticipation Notes, Series 2019, payable from the receipts of the TIFIA Loan and VTIB Loan for the parallel tunnel project.
• Underwriter’s counsel in connection with $1B+ The Port Authority of New York and New Jersey Consolidated Bonds, Series 212-216 to finance and refinance numerous Port Authority projects.
• Co-bond counsel to the Triborough Bridge and Tunnel Authority in connection with the remarketing of the $107M+ General Revenue Variable Rate Bonds, Series 2001B (Secured Overnight Financing Rate Tender Notes), the first municipal bond deal using an alternative to the LIBOR index.
• Co-bond counsel to the Metropolitan Transportation Authority in connection with $2B+ in Transportation Revenue Refunding Green Bonds, Series 2017C (Climate Bond Certified) to finance transit and commuter rail projects using certified green bonds.
• Co-bond counsel in connection with the $1B+ MTA Hudson Rail Yards Trust Obligations, Series 2016A, evidencing the interests of the owners thereof in the MTA Financing Agreement Amount payable by the Metropolitan Transportation Authority using ground lease payments from the developers of the Hudson Yards property above Long Island Rail Road’s railyards to finance transit and commuter rail projects.
• Counsel to the Metropolitan Transportation Authority in connection with its participation in the United States Department of Transportation TIFIA Loan Agreement, dated July 21, 2017, for up to $526M+ with New York State Urban Development Corporation d/b/a Empire State Development to transform portions of the old post office building into the Moynihan Train Hall Project primarily serving Amtrak and Long Island Rail Road.
• Bond counsel to the Hudson Yards Infrastructure Corporation in connection with the $2B+ Second Indenture Revenue Bonds refinancing infrastructure improvements, including the extension of the No. 7 subway line, to the west side of Manhattan.
• Underwriter’s counsel in connection with the $114M+ Colorado Bridge Enterprise Senior Revenue Bonds (Central 70 Project), Series 2017 (Private Activity/AMT)—a public-private partnership financing improvements to a downtown Denver thoroughfare.
• Bond counsel to the Virginia Small Business Financing Authority in connection with the $737M Senior Lien Private Activity Revenue Bonds (Transform 66 P3 Project), Series 2017—a public-private partnership financing improvements to I-66 in northern Virginia.
• Bond counsel to the Chesapeake Bay Bridge and Tunnel District in connection with (i) the $321M+ First Tier General Resolution Revenue Bonds, Series 2016, (ii) the United States Department of Transportation TIFIA Loan Agreement, dated November 10, 2016, for up to $338M+, and (iii) the VTIB Loan Agreement, dated November 10, 2016, from the Virginia Resources Authority, as Manager of the Virginia Transportation Infrastructure Bank, for up to $50M, to finance a parallel tunnel project for a twenty-mile bridge and tunnel connecting eastern portions of Virginia.