Ken Lind is a partner in Nixon Peabody’s 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.
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 two Municipal Liquidity Facility (MLF) transactions, refunding Transportation Infrastructure Finance and Innovation Act (TIFIA) loans and Build America Bonds, and numerous $1 billion+ liquidity financings. I am assisting some of the country’s largest municipal issuers in finding solutions for the issues presented from the combination of adverse revenue impacts from the virus, the availability of additional federal assistance, additional refunding transactions, and opportunities created by the new infrastructure legislation.
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.
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.
My experience working in-house for over eleven years at the MTA increased my insight into not only the legal, but also the 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.
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.
Colgate University, B.A.
New York Law School, J.D., magna cum laude
New York University School of Law, LL.M.
Ken was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Public Finance Law and Utilities Law, and he was selected as the 2023 Public Finance Law “Lawyer of the Year” in New York City. Ken has been listed in Best Lawyers since 2019.
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.
Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe