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Mark R. Spivak

Experience     |     Education     |     Recognition     

Spivak, Mark R.

Biography
Mark's practice focuses primarily in the project finance, restructuring, mergers, acquisition and disposition, infrastructure, and privatization areas.

Mark represents developers, financial institutions, private equity firms, institutional investors, and equipment suppliers in developing, financing, restructuring, acquiring, and selling electric generating, gas pipeline, industrial, and infrastructure projects in the U.S. and abroad.

Mark has represented clients in transactions in the United States, South America, the Caribbean basin, Asia, Africa, and Eastern and Western Europe, including transactions in Argentina, Bolivia, Brazil, Chile, China, the Czech Republic, the Dominican Republic, England, Guatemala, Honduras, Panama, Peru, Puerto Rico, Serbia, Tunisia, and Venezuela. These transactions have involved both greenfield development and financing, restructuring and refinancing projects and companies, and the acquisition and sale of energy-sector assets.

Mark has extensive experience in structuring transactions, as well as drafting and negotiating power, water, and steam sales agreements; turnkey construction contracts; operation and maintenance agreements; fuel supply agreements; loan and collateral security documentation; political risk guarantees; stock purchase agreements; asset purchase agreements; partnership, shareholder, and limited liability company agreements; and related documentation.


Representative Experience
Project Development and Finance
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  • Represented LS Power in connection with the financing of the Cross Texas Project, an approximately 234 mile electric transmission line and related facilities located in Texas
  • Represented Constellation Solar in connection with the portfolio financing of solar photovoltaic generating facilities located in several states in the United States
  • Represented Trans-Allegheny Interstate Line Company in connection with the permanent financing for the TrAIL transmission project
Mergers, Acquisitions, and Dispositions
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  • Represented Soros Fund Management and Albright Capital Management in connection with their $250 million investment in APR Energy, a provider of major turnkey temporary power generation services
  • Represented BP Alternative Energy North America, Inc. in connection with the acquisition of a joint venture interest in several wind projects being developed in the United States
  • Represent El Paso Corp. in connection with the disposition of its ownership interest in a power project in Brazil
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • Georgetown University Law Center, J.D., 1983 (Editor, The Tax Lawyer)
  • Muhlenberg College, B.A. magna cum laude, 1980
  • Admitted to practice: District of Columbia, 1984
Professional Recognition
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  • Marquis Who's Who in American Law, 2011-2012
  • Who's Who Legal: The International Who's Who of Business Lawyers in project finance, 2012
  • The International Who's Who of Project Finance Lawyers, 2010-2011


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Mark R. Spivak
Partner
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037-1701

Tel  +1.202.639.6664
Fax  +1.202.879.8864
mspivak@velaw.com

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Project Finance and Development