Project Finance in Infrastructure

Domestic and overseas entities look to MVKini for advice when financing global and domestic infrastructure projects. The firm also advises and represents leading banks and financial institutions investing in the infrastructure sector. The firm has a team of knowledgeable solicitors who draft and vet loan agreements, security trustee agreements, inter-creditor agreements, deeds of guarantee, mortgage deeds, hypothecation deeds, assignment deeds, trust and retention account agreements and escrow agreements, among other such documents.


Key transactions
Highlights of MVKini’s experience includes:

MVKini’s pan-India presence makes it uniquely placed to advise the National Highways Authority (NHAI) on a public private partnership basis of India across most of India’s 29 states and seven Union Territories. The firm has advised financial consultants, banks and consortia and state governments, across some or all, of design, build, finance, operate and transfer patterns (DBFOT). The firm has advised on and/or drafted financing documents totalling more than Rs2,238 crores (US$414 million), across more than 10,775 kilometre lanes;

The firm drafted project finance documents for Bank of Baroda and a consortium of three banks for credit facilities aggregating to Rs.1,318 crores (US$244 million) to Moradabad Bareilly Expressway Limited secured by Hypothecation of Moveable Properties, charge and assignment rights under Project Agreements, monies lying in Escrow Account and Debt Service Reserve Account and Rights under Insurance Policies other than Project Assets;

The firm worked with Ernst and Young to advise NHAI on the design, engineering, construction, development, finance, operation and maintenance of the Ghazaibad to Aligarh section of NH-91 in Uttar Pradesh;

Advised NHAI on the development, design, engineering, financing, procurement, construction, operation and maintenance of the 6.1 km long integrated six-lane suspended second Vivekananda Bridge across the River Hooghly along with the approaches from both Howrah and Kolkata in West Bengal on build, operate and transfer basis.


Key People
M.V. Kini, Ravi Kini, IPS Oberoi and B.D. Bhandari.





M. V. Kini
Founder

M.V. Kini’s desire to build something of his own and his passion for law inspired him to turn his back on a promising career in banking and turn to criminal law. Started out of one office with four employees in Mumbai back in 1978, MVKini has now grown its operational base to 14 locations around India with more than 145 employees.

The firm’s portfolio has grown and diversified over the years and now includes practitioners in corporate, banking, finance, environmental, consumer finance, infrastructure, customs and international business taxation law. This growth is fuelled by M.V. Kini’s ability to always see the bigger picture and stay ahead of the curve – recognising up and coming sectors in the Indian market and providing legal assistance to industry pioneers. Whether it is aviation, infrastructure or, more recently, banking and environmental law, the firm’s success has hinged on this key ability.

M.V. Kini is on the panel of lawyers representing the International Airports Authority of India (IAAI) and has personally represented IAAI in several landmark cases. From coming up with innovative solutions to end a standoff between the IAAI and the Mumbai municipality, effectively resolving the issue of the unionisation of the air-traffic control department to ending the Air India pilot strike, M.V. Kini is widely recognised as one of the foremost experts in aviation law in the country M.V. Kini is also recognised as an expert in prosecuting white collar crimes. He has led several high profile prosecutions in fraud cases in banks, both nationalised and private, including against cover-ups of scams in the financial sector in general.

In recent years he has represented various international business interests in India, helping them navigate the often-daunting legal and infrastructural set up in the country.

Working with pan-India entities like the National Highways Authority of India has in part led to the firm’s expansion in operations throughout the country. MVKini now also represents more than 63 international and local banks and in excess of 100 public sector undertakings. Drawing on his background and interest in banking he is the author of two books on the Negotiable Instrument Act and a separate practical guide for bankers dealing in consumer finance.

The firm’s expansion has been characterised by a streamlining of the corporate management with the appointment of professional business administrators to oversee operations leaving lawyers to get on with advising clients. As India grows and finds its place in a rapidly shrinking world, M.V. Kini is driving the firm’s evolution. With the largest network of offices of any Indian law firm, MVKini provides a full service offering to its clients. “Our goal is to provide complete legal cover for our clients various needs. So that when they come in to our offices, they know their legal issues, no matter how diverse they may be, will be taken care of,” said M.V. Kini. “So the next five years will be very crucial to those growth plans.”

Practice Areas
White Collar Crime
Banking & Finance
Project Finance in Infrastructure


Contact details
Mumbai office
mvkini@mvkini.com
+91 22 2261 2527


Ravi Kini
Managing attorney

Ravi is MVKini’s managing attorney. Ravi holds an LL.M in International Financial Laws from the University of Georgia, USA where he specialised in Derivatives Risk Framework.

Ravi is one of India’s leading practitioners of law relating to national and state highways projects. He is also renowned for his work in the aviation, government affairs, and banking sectors.

Ravi advises the National Highways Authority of India (NHAI) and state authorities on highways and related projects. He advises on international competitive bidding in Public Private Partnerships (PPP); He has a wealth of experience advising the Indian government on bid processes, and drafts and vets tender documents and contracts. He is skilled in incorporating Special Purpose Vehicles and executing concession agreements and contracts for selected bidders.

His expert knowledge comes from advising on a wide range of projects executed/funded in this way. They include the development of a free trade and warehousing zone, the creation of industrial training and skills development centres, the building of rail-related manufacturing facilities as well as ports terminals, IT parks and other urban transport projects.

Ravi’s public-sector experience gives him a unique understanding of how government functions. Ravi leads a team that effectively mediates industry concerns to the relevant government body to swiftly arrive at constructive outcomes.

His significant experience in the aviation sector has led him to advise on ground-handling issues a cross a number of airports. Ravi’s experience extends to advising bodies, such as IATA, on Competition Law issues. His extensive experience includes advising India’s national carrier. He negotiated and drafted the contracts for Air India’s purchase of 68 commercial aircrafts from Boeing, in a US$7 billion deal. He also assisted in the formation of its low-cost subsidiary, Air India Express. He regularly drafts and vet aircraft leasing agreements.

Ravi leads a team that supports Indian companies seeking access to foreign capital through external commercial borrowings (ECB). They regularly interpret RBI circulars and are able get swift clarification from the regulator as required. He and his team act as the lender’s legal counsel, participating in negotiations with borrowers ensuring compliance banking law and practise. Keeping the lender’s interests at the fore, they assist with securities’ creation and perfection of charge documentation. Ravi was named a leading lawyer in the aviation sector in ‘Who’s Who Legal’ (Aviation, 2010) and listed in the ‘Leading LAWYER 100’ 2011 Annual Guide, which recognizes members of the legal community who have stood out from their peers by demonstrating professional achievement and excellence in their area of practice. He was also recognised as a key commercial lawyer in the International Who’s Who Legal (Commercial Litigation, 2009).

Practice Areas
Corporate & Commercial
Banking & Finance
Project Finance in Infrastructure


Contact details
Mumbai office
ravikini@mvkini.com
+91 22 2261 2527


IPS OBEROI
Senior Advisor

Drawing on 35 years’ experience gained from working as a general manager in a large public sector bank, Oberoi has expert knowledge of bank lending, international banking, foreign exchange, corporate debt restructuring debt recovery and rehabilitation of distressed assets.

As part of MVKini’s litigation team, his blend of commercial banking and legal experience means he provides quick and effective solutions to complex financial, legal and real estate-related issues.




Practice Areas
Banking & Finance
Project finance in infrastructure


Contact details
Delhi office
ipsoberoi@mvkini.com
+91 11 2437 1038


T.R. Srinivasa Rao
Senior Advisor

Srinivasa, a senior advisor at MVKini, is a retired bank executive with close to four decades experience in bank management, legal and recovery functions. He brings a wealth of banking and finance experience to the job. For the past thrre years he has been instrumental as part of the team responsible for Indian Bank’s turnaround. He is currently a member of MVKini project finance team apart from representing the firm’s banking clients before several tribunals, forums and courts.

Srinivasa is an expert in consortium loans and syndication of loans. He drafts documents relating to bank, consortium and syndicated loans for infrastructure projects. He previously served as a member of the Legal Committee of Indian Banks’ Association.

Practice Areas
Banking & Finance
Project Finance in Infrastructure


Contact details
Bengaluru office
srinivasrao@mvkini.com
+91 804 152 3551