165659_bioimage

Kenneth C. Lind



Ken Lind is a partner in Nixon Peabody’s Project Finance and Public Finance group. He works with issuers, underwriters, financial advisors, banks, and concession bidders on a range of public finance and project finance projects. He advises clients on public offerings and private placements, serving as bond, underwriters’, disclosure, derivatives, or bank counsel.

What do you focus on?

COVID-19

Since the beginning of 2020, I have been involved in assisting municipal issuers in obtaining favorable results in connection with their liquidity, long-term and short-term restructuring, new money and disclosure needs, including serving as counsel on the second Municipal Liquidity Facility(MLF) transaction, refunding Transportation Infrastructure Finance and Innovation Act (TIFIA) loans and Build America Bonds and numerous $1 billion+ liquidity financings.

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 (MTA)—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 ten 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 public-private partnership (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 necessary to move the central business district to the west side of Manhattan. I have been a part of the Nixon teams that have served as bond counsel on substantially every major infrastructure financing in the billions of dollars affecting the Hudson Yards area, including Hudson Yard Infrastructure Corporation (HYIC) financings, financing and refinancing of the Javits Convention Center and its expansion, and the MTA’s financing of the railyards secured by commercial ground lease payments. 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 and Railroad Rehabilitation & Improvement Financing (RRIF) 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 the 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, 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 MTA in connection with $450 million+ Transportation Revenue Bond Anticipation Notes, Series 2019D in August 2020, the second transaction purchased by Municipal Liquidity Facility LLC under the federal MLF program.
  • Underwriters’ counsel in connection with $1 billion+ The Port Authority of New York and New Jersey Consolidated Notes, Series AAA in July 2020 to pay debt service on consolidated bonds or other lawful expenditures.
  • Co-bond counsel to the New York City Municipal Water Finance Authority in connection with $700 million+ Water and Sewer System Second General Resolution Revenue Bonds, Fiscal 2020 Series FF and GG in June 2020 to finance and refinance improvements to New York City’s water and sewer system serving almost ten-million customers.
  • Co-bond counsel to the MTA in connection with $1.7 billion+ Transportation Revenue Green Bonds, Series 2020C (Climate Bond Certified) in May 2020, MTA’s re-entry into the public credit markets following the onset of COVID-19, consisting of tax-exempt and taxable subseries, to finance and refinance transit and commuter rail projects using certified green bonds.
  • Co-bond counsel to the MTA in connection with $1 billion+ Transportation Revenue Bond Anticipation Notes, Series 2019D to finance transit and commuter rail projects.
  • Bond counsel to the Chesapeake Bay Bridge and Tunnel District in connection with $378 million+ First Tier General Resolution Revenue Bond Anticipation Notes, Series 2019, payable from the receipts of the TIFIA loan and Virginia Transportation Infrastructure Bank (VTIB) loan for the parallel tunnel project.
  • Underwriter’s counsel in connection with $1 billion+ 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 $107 million+ 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 in connection with $1 billion+ MTA Hudson Rail Yards Trust Obligations, Series 2016A, evidencing the interests of the owners thereof in the MTA Financing Agreement Amount payable by the MTA 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 MTA in connection with its participation in the United States Department of Transportation TIFIA Loan Agreement, dated July 21, 2017, for up to $526 million+, 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 HYIC in connection with $2 billion+ 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 $114 million+ Colorado Bridge Enterprise Senior Revenue Bonds (Central 70 Project), Series 2017 (Private Activity/AMT)—a P3 financing improvements to a downtown Denver thoroughfare.
  • Bond counsel to the Virginia Small Business Financing Authority in connection with $737 million Senior Lien Private Activity Revenue Bonds (Transform 66 P3 Project), Series 2017—a P3 financing improvements to I-66 in northern Virginia.
  • Bond counsel to the Chesapeake Bay Bridge and Tunnel District in connection with (i) $321 million+ 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 $338 million+, and (iii) the VTIB Loan Agreement, dated November 10, 2016, from the Virginia Resources Authority, as manager of the VTIB, for up to $50 million, to finance a parallel tunnel project for a twenty-mile bridge and tunnel, connecting eastern portions of Virginia.

Valencia named Nixon Peabody partner as her role expands

The Bond Buyer | February 12, 2019

Los Angeles Project Finance and Public Finance partner Angelica Valencia is featured in this story on her promotion to partner. Practice group leader Ken Lind is also quoted.

BAML, PFM maintain top positions in rankings in slower muni market

The Bond Buyer | October 04, 2018

Project Finance and Public Finance practice group leader Ken Lind, based in New York City, is quoted in this story on Q3 and Q4 bond issuance activity and the impact of the new Secured Overnight Financing Rate (SOFR).

U.S. airports on the runway

Project Finance International | June 25, 2018

Project Finance and Public Finance partner Roddy Devlin, together with group leader Ken Lind and partner Virginia Wong, all from New York City, contributed this article on the increasing usage of the P3 model in U.S. infrastructure projects.

Law360 names attorneys who moved up the firm ranks in Q1

Law360 | May 06, 2018

In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.

Career Tracker: Lawyers on the Move

Reuters Legal | March 25, 2018

This roundup of personnel moves in the legal industry mentions the recent appointment of New York City partner Ken Lind as public finance practice group leader.

Movers & Shakers

The Deal | March 19, 2018

This executive news roundup mentions the recent appointment of New York City partner Ken Lind as public finance practice group leader.

Career Tracker: Lawyers on the Move

Reuters Legal | March 18, 2018

New York City public finance practice group leader Ken Lind is included in this executive news roundup for his recent promotion.

Nixon Peabody Picks Partner Lind to Lead Public Finance Practice

The Bond Buyer | March 14, 2018

CEO and managing partner Andrew Glincher is quoted in this article on the appointment of New York City public finance practice group leader Ken Lind. The promotion of Rochester public finance partner Barry Carrigan is also highlighted.

Contact

Kenneth C. Lind

Partner
Team Leader, Project Finance and Public Finance

New York

Phone: 212-940-3005


Fax: 866-792-6102

New York University School of Law, LL.M.

New York Law School, J.D., magna cum laude

Colgate University, B.A.

New York

California

Kenneth was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2021 in the field of Public Finance Law. Kenneth has been listed in Best Lawyers since 2019.

Back to top