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?

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), 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 designated underwriters counsel to the New York City Municipal Water Finance Authority (New York City’s water and wastewater system) and 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 $2 billion Transportation Revenue Refunding Green Bonds, Series 2017C (climate bond certified)
  • Co-bond counsel in connection with the $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 Metropolitan Transportation Authority
  • 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 $526.1 million with New York State Urban Development Corporation d/b/a Empire State Development for the Moynihan Train Hall Project
  • Bond counsel to the Hudson Yards Infrastructure Corporation in connection with the $2.1 billion Second Indenture Revenue Bonds
  • Underwriters counsel in connection with the issuance by the New York City Municipal Water Finance Authority of its first lien Water and Sewer System Revenue Bonds and second lien Water and Sewer System Second General Resolution Revenues Bonds
  • Underwriters Counsel in connection with the $114.6 million Colorado Bridge Enterprise Senior Revenue Bonds (Central 70 Project), Series 2017 (Private Activity/AMT)
  • Bond counsel to the Virginia Small Business Financing Authority in connection with the $737 million Senior Lien Private Activity Revenue Bonds (Transform 66 P3 Project), Series 2017
  • Bond counsel to the Chesapeake Bay Bridge and Tunnel District in connection with (1) the $321.5 million First Tier General Resolution Revenue Bonds, Series 2016, (2) the United States Department of Transportation TIFIA Loan Agreement, dated November 10, 2016, for up to $338.5 million and (3) the VTIB Loan Agreement, dated November 10, 2016, from the Virginia Resources Authority, as manager of the Virginia Transportation Infrastructure Bank, for up to $50 million

U.S. airports on the runway

Project Finance International | June 26, 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 07, 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 26, 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 20, 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 19, 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 15, 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

Back to top