Ports

Representative Matters

• Acted for DBS Bank Limited in relation to the financial assistance aggregating up to SGD 470 million made available to Bharat Mumbai Container Terminals Private Limited for the development of Phase II of fourth container terminal at the Jawaharlal Nehru Port, Navi Mumbai. The Firm was involved in providing Indian law advise on the transaction including in relation to the ECB facility and the hedge facilities.
• Advised a consortium of lenders in connection with the facilities for an amount of INR 975 crore proposed to be availed by Aegis Vopak Terminals Limited, a subsidiary of Aegis Logistics Limited, engaged in the business of import and distribution of LPG and storage and terminal facility for LPG and chemical products, operating across major ports of India. on due diligence and prepared documents in relation to refinancing facility provided by them to a company operating and managing a port in western India. The facility was close to USD 45 million. on due diligence and prepared documents in relation to refinancing facility provided by them to a company operating and managing a port in western India.
• Advised Adani ports, on a tender offer in relation to its USD 750 million unsecured senior notes.
• Advised Barclays, Citigroup, Emirates NBD Capital Emirates NBD Capital, BofA Securities and SBICAP (Singapore), on the offering of USD 650 million unsecured senior notes by Adani Ports. This is the largest USD bond offering by an infrastructure company in India.
• Advised BofA Securities, Barclays, Citigroup, Standard Chartered, Credit Suisse, Emirates NBD Capital and SBICAP (Singapore), on the offering of USD 500 million unsecured senior notes by Adani Ports.
• Advised Canara Bank and YES Bank Limited in relation to part assignment and part novation of an existing term loan facility with certain sub-limits availed by Gopalpur Ports Limited from YES Bank Limited aggregating to INR 1400 crore for part financing of the expansion of the port situated at Gopalpur, Odisha from the existing 5 MMTPA capacity to 20 MMTPA capacity.
• Advised Planning Commission of India in connection with grant of viability gap funding for proposed port projects; undertook review of the draft concession agreements for development of (i) mechanised fertilizer handling facilities at EQ – 7 at Vishakhapatnam Port; and (ii) Dry Bulk Terminal off Tekra near Tuna on BOT basis at Kandla Port. issues arising out of the concession agreement awarded by it to Sterling Port Limited (as Concessionaire) for the implementation, operation and maintenance of the Dahej Port, Gujarat; issues arising out of the concession agreement (and its termination) for a floating dry dock project; drafting and negotiations of the license agreements for the installation and use of captive SPMs for crude oil and petroleum products at Sikka, Gujarat. contractual arrangements in connection with the extension of a captive jetty developed at a port in Gujarat on a concession/ license basis. drafting and negotiation of a bulk cargo agreement and an addendum to the concession agreement for the development, implementation, operation and maintenance of bulk / general cargo terminal(s) at a port. finalization of the concession agreement for development and implementation of coal terminal and associated port facilities on BOT basis at a port located in Gujarat. in connection with the RFQ invited by the Board for selection of developer for the development of Vansi Borsi, Mahuva and Maroli ports. The Firm also provided advice with regard to the tender evaluation process, including aspects pertaining to the various modes available for tender evaluation, etc. review of bidding documents including the Request for Proposal, Concession Agreement, Lease Deed, etc. for the Leasing and Operation of existing Ship Repair Facility at Mormugao Port by Land Lease Model; issues arising out of the concession agreement (and its termination) for a floating dry dock project. structuring and implementation of the project in relation to the augmentation of the health infrastructure through public-private partnership. The Project seeks to increase access to improved health care services in the region of Wadala. drafting and finalisation of the land use policy (including but not limited to the process and procedure for the allocation, taking over, etc.) for the land in the non-core area of the Mumbai Port Trust; modifications/ amendments to be effected in the Major Port Trust Acts, 1963/ draft bill for Central Port Authorities Act, 2016 in relation to eviction of unauthorized occupants from the Port land, and related matters; drafting and finalisation of the bidding documents including the contract thereof, for the grant of license for the deployment of the floating dry dock for the ship repair services at the Mumbai Port; review and finalisation of the Bid Documents including the Request for Proposal, Concession Agreement, Escrow Agreement and Substitution Agreement, in relation to the establishment of 600 bedded super speciality hospital on PPP basis; issues arising out of the insurance of the properties (both movable and immovable) of the Mumbai Port Trust; issues relating to the selection of a preferred bidder for the installation of offshore and on-shore submarine pipeline and terminal works on EPC basis for the 5th Oil Berth at Jawahar Dweep in Mumbai Harbour; process and procedure for substitution of the Licensee under the License Agreement entered between Mumbai Port Trust (as Licensor thereof) and Indira Container Terminal Private Limited (a wholly owned subsidiary of Gammon India Limited) (as Licensee thereof) in relation to the designing, construction, operation and maintenance of the offshore container terminal berth and drafting and finalising the modified project documents (including Settlement Agreement, Request for Qualification, Request for Proposal and Modified License Agreement) concerning the same; reviewing the bidding documents for the selection of a preferred bidder for the operation and maintenance of a Floating Restaurant on license basis; structuring and alternatives available for the development of the land owned by Mumbai Port Trust on independent basis, without interference from Bombay Municipal Corporation and under the local laws.
• Advised International Finance Corporation (Inland Waterways Project): on the implementation of the first inland waterways project under public private partnership mode at Kolkata and Patna.
• Advised JSW Infrastructure Limited on the performance of Port Services by the client at the Port of Fujairah, United Arab of Emirates.
• Advised Adani Group in relation to the grant of sub-concession in relation to the setting up and implementation of Liquefied Natural Gas Terminal in Gujarat.
• Advised Bharat Mumbai Container Terminals Private Limited (wholly owned- subsidiary of PSA International PTE Limited) and PSA International PTE Limited, in relation to an external commercial borrowing facility aggregating to approximately SGD 630 million, and certain hedging facility, provided by DBS Bank Limited to Bharat Mumbai Container Terminals Private Limited, for the purposes of financing the setting up of phase I of the fourth container terminal in Navi Mumbai, with a 30-year concession from Jawaharlal Nehru Port Trust.
• Advised CMA CGM, a French corporation in connection with the bidding for the Hazira Port Project, including review of project documents including Concession Agreement, draft Port User and Port Facility Agreement, Lease Agreement, etc., preparation of risk matrix and identification of issues relating to ring fencing of the Solid Cargo Port from the LNG Facilities.
• Advised Mukand Engineering Ltd. & Keventer Agro Ltd. with respect to Kulpi Port Project in West Bengal to be set up on a BOT basis.
• Advised L&T Shipbuilding Limited (LTSB) on joint venture between Larsen & Toubro Limited (L&T) and Tamil Nadu Industrial Development Corporation (TIDCO), on the Container Port Operation Agreement that LTSB entered into with ICTSI Limited, Bermuda, and ICTSI India Private Limited with respect to operation and management of the container terminal to be developed by LTSB at Kattupalli Port, Tamil Nadu.
• Advised Maersk in connection with the Pipavav Port Project in Gujarat.
• Advised PSA International, a global leader in ports and terminal business, in relation to its investment in Chennai International Terminals Private Limited, the project developer of a 1.05 million TEUs container terminal at the Chennai Port.
• Advised a leading Asian offshore corporation in the oil & gas sector, in its proposed gas supply arrangements to and acquisition of a minority equity stake in an Indian infrastructure company establishing an LNG re-gasification terminal at a minor port on the Western Coast in India.
• Advised a prospective bidder in connection with its participation in the Shell Hazira Dry Port Project.
• Advised a bidder in the bidding process for the development of a container terminal at the Ennore Port.

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