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Projects, Infrastructure and Energy

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Service Overview

Spiritus Legal has carved a niche for itself in the Energy and Infrastructure (including mining) market in India. We also have the distinction of being one of the few Indian law firms to provide advice to multi-national clients as foreign counsel in other jurisdictions.

We provide integrated legal solutions covering all issues from the inception of a project to financial close continuing through design, construction, equipment supply, operations and management. Through our commercial understanding, ability to assist clients in managing risk, strong understanding of regulatory issues and by bringing to the table our expertise in undertaking due diligence exercises, drafting and negotiating concessions, design consultancy, construction, civil engineering.

At Spiritus Legal, we allocate and reduce the risks associated with performance and delivery. Additionally, we provide project firms, sponsors, strategic investors, and funds with recommendations on equity dilution, purchases of equity and debt securities, and initial public offerings.

Our Methodology and Approach

We work directly with them, in order to ensure that the client’s business and/or commercial teams not only obtain cutting-edge and targeted legal advice, but also comprehend how to apply it. In order to ensure that the client’s business and/or commercial teams not only obtain cutting-edge and targeted legal advice, but also comprehend how to apply it, we work directly with them. Our team members are highly renowned for their legal knowledge and are taught to tackle problems with the solution-oriented approach from a commercial standpoint in order to best serve our clients.
We offer sector-specific business and commercial advice that is in line with shifting market trends while also being mindful of the nuances of the Indian regulatory environment. Our expertise sets us apart from our more established competitors. In summary, we can offer:

  • Deep knowledge of the infrastructure sector from an investor, lender, sponsor, contractor and government perspective
  • Market-leading experience in all areas of law relevant to the development, operation and investments in port projects in India
  • Full commitment and immediate partner availability along with a highly experienced core team of lawyers from the relevant practice group(s)
  • A committed team which will give the transaction its highest priority
  • A commercial and pragmatic approach

For a due diligence, we deploy persons who have worked in the relevant industry and are familiar with the rules that apply there. Based on our review, we create a report with a list of problems ranked by the degree of risk involved. To provide a complete picture, we interact with the targets’ representatives and document their statements in the report.

Service Highlights

Spiritus Legal provides integrated legal solutions covering all areas of an infrastructure project, from the inception of a project, continuing through award of the project, financial close, design, investment, construction, operation and management.

The following briefly summarises the whole range of services that Spiritus Legal offers to clients in the infrastructure space:

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Due Diligence reviews, covering transactional, financial, environmental, tax and compliance related issues

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Tax efficient structures to identify tax exposures and optimal tax structuring

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Transactional documentation

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Our experience is varied and includes the drafting, review and negotiation of: Invitations for tenders and bidding documents

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Concession Agreements, Implementation Agreements, and State Support Agreements

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Power Purchase Agreements and/or Power Conversion Agreements

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Fuel supply

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Financing Documentation including Facility Agreements and Security and Contractual Comfort Agreements

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Joint Venture, Share Subscription and Shareholders Agreements

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Verification of title to underlying property, sale deeds, lease deeds and development agreements and other conveyance deeds in relation to acquisition of rights, interest or title in the underlying property

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Engineering, Procurement and Construction contracts

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Service Agreements and Consultancy Arrangements

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Operation and Maintenance Contracts

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Risk strategy advice and all aspects of risk allocation and management in both privately financed and state funded infrastructure transactions

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Resolution of disputes and litigation flowing from the projects

Compliance with all applicable laws such as project specific regulations, investment laws, company law, indirect taxes, developmental regulations, environmental regulations, labour, corporate, exchange control and other commercial laws.

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