Practice Experience
Nandan Nelivigi is the head of the India practice at White & Case and specializes in development and financing of energy and infrastructure projects. Nandan is also an Adjunct Lecturer at Columbia Law School and teaches a seminar course on "Doing Cross-border Transactions in India."
Nandan has advised lenders and developers in various complex energy, infrastructure, real estate and project finance transactions around the world. Mr. Nelivigi has also advised clients in mergers and acquisitions, joint ventures, private equity and financing transactions involving India.
He has represented a number of banks, export credit agencies and underwriters in the financing of a number of conventional and renewable energy projects — including some of the largest wind energy farms and ethanol plants — as well as petrochemical facilities and other infrastructure projects in the United States, Middle East, Asia and Latin America.
Nandan's work relating to India involves advising foreign investors, including private equity funds, hedge funds, fund sponsors, private and public companies, investment banks and commercial lenders in connection with their investments in India and loans to companies in India. Nandan also advises Indian companies in connection with their investments and capital raising activities outside India.
Representative transactions include:
- Representation of Los Esteros Critical Energy Facility, LLC, a wholly-owned subsidiary of Calpine Corporation, in connection with the US$373 million construction and expansion financing of an approximately 309 MW natural gas-fired, combined-cycle power generation facility located in San Jose, California;
- Representation of Russell City Energy Company, LLC in connection with the US$845 million project financing of an approximately 620 megawatt (MW) natural gas-fired, combined-cycle power generation facility to be located in the City of Hayward, California;
- Representation of GMR Group initially in its acquisition in 2008 and subsequently in its sale in 2011 of its 50 percent stake in InterGen N.V. for an equity value in excess of US$1.2 billion. InterGen owns power plants in the UK, the Netherlands, Mexico, the Philippines and Australia with more than 8,000 MWs of gross operational output. The sale transaction is the largest cross-border M&A transaction between India and China to date and was named "2010 Infrastructure Deal of the Year" by India Business Law Journal;
- Representation of a number of banks and underwriters in the financing of a number of wind energy farms, including (i) the 300 MW Stateline wind energy farm in the United States and (ii) four groundbreaking Rule 144A bond offerings to finance portfolios of wind farms (16 wind farms with a total capacity exceeding 1,100 MWs) located in 15 different states in the United States;
- Representation of Bayerische Landesbank as arranger of a US$59 million construction loan and a US$33 million investment tax credit bridge loan for a 30 MW AC/35 MW DC ground-mounted photovoltaic solar power plant in Webberville, Texas being developed by Fotowatio Renewable Ventures, Inc.;
- Representation of US Ex-Im Bank in the US$1.55 billion financing of Q-Chem II ethylene cracker and petrochemical derivative facilities in Qatar;
- Representation of Lehman Brothers and BNP Paribas as the initial purchasers of senior secured bonds in connection with the limited recourse financing of a portfolio of three natural gas-fired power plants in California;
- Representation of subsidiaries of Calpine Corp. in (i) the US$498 million limited recourse Steamboat financing comprising the 241 MW Freeport Energy Center in Texas and the 375 MW Mankato Energy Center in Minnesota, and (ii) the equity acquisition and proposed refinancing relating to the 870 MW Broad River Generation Facility in South Carolina and the 520 MW South Point Generation Facility in Arizona;
- Representation of CIT/Newcourt Capital as a lender in the construction financing of a natural gas-fired power plant in California;
- Representation of US Ex-Im Bank in connection with a limited recourse financing of a 470 MW natural gas-fired power project in Brazil;
- Representation of Indian and international secured lenders (ABN AMRO, CSFB, ANZ, Citibank, IDBI, ICICI Bank and others) in the financing and multiple restructurings of the Dabhol project in India, an approximately 2,200 MW natural gas-fired power project and LNG regasification plant; and
- Representation of Coastal Power Company, ABB Energy Ventures and the Chatterjee Group in the development of various power projects in India.
Bars and Courts
New York State Bar, 1996
Bar Council of Karnataka, India
Education
LLM, Harvard Law School, 1994 BA/LLB (Hons.), National Law School of India University, Bangalore, India, 1993
Select Publications and Presentation "Co-author, "Island Hopping to India: Mauritius, Cyprus and Singapore," India Business Law Journal "Foreign Investment in India's Real Estate" – Presentation at the Real Estate Investors' Forum in New York Co-author, "Cross-Border M&A Transactions in India," BNA International "Infrastructure Project Finance in India: Opportunities and Challenges" – Presentation at the Practicing Law Institute’s course on "Doing Business in India: Critical Legal Issues for US Companies" Co-author, "Infrastructure Project Finance in India: Recent Developments," BNA International "Key Issues in Cross-Border M&A Transactions in India" – Presentation at the Computer Law Association annual conference, Bangalore, India "India: The Petrochemical and Petroleum Industry," Bank of America's Guide to Petrochemicals in Asia
Languages
English Kannada
Citizenship
United States India
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