Economic Development & Public Finance
Overview
We’ve been our clients’ trusted advisors in economic development and public finance transactions for over 30 years. We serve as general bond counsel and issuer’s counsel to state and local governments and authorities, as well as counsel to private parties doing business with or before governmental bodies, including conduit issuers, underwriters, borrowers, purchasers, trustees, and credit providers. Our focused knowledge, experience at the state and local government levels, and the relationships we’ve built over decades enable us to help both public entities and private companies navigate the complexities of public finance to achieve the best financing deal.
We’re proud to help clients improve their communities. A variety of major public projects were built through the deals we’ve helped structure, including projects in higher education, transportation, solid waste and wastewater management, mixed-use, retail, industrial, commercial, as well as healthcare and housing facilities. To support our clients’ projects, we’ve counseled them on structuring general obligation bonds, 501(c)(3) financings, and both tax-exempt and taxable securities.
Our broad experience in the nuances of public finance allows us to suggest the perfect structure for their financing needs, including putting together unique, mix-and-match deals. We’ve handled tax increment financing for infrastructure, infrastructure development districts, tax-exempt financing for privately owned so-called “exempt facilities,” and sophisticated financings for real estate and economic development.
We’re at the forefront of developments in public finance, so we can maximize the benefit of our work to our clients. Our attorneys speak at real estate and financing conferences, and their leadership in the field of public finance has been recognized by their yearly inclusion in The Best Lawyers in America® lists.
Experience
- Represented the National Center for Civil and Human Rights (NCCHR) and an affiliated entity in obtaining loans subsidized by NMTCs totaling $24 million to finance the construction of an approximately 42,000 square foot museum and event space in Atlanta, Georgia, that will include a gallery for the Morehouse College Martin Luther King Jr. Collection and civil rights and human rights exhibitions. The representation included structuring and negotiating a leverage loan to the NMTC investment fund, a master lease structure, and the documentation of the charitable contribution from a third party of the land upon which the facility will be built.
- Represented Benteler Steel/Tube Manufacturing Corp. in a $900 million manufacturing project in Louisiana.
- Represented an internet service provider in a $1+ billion facility in Georgia.
- Currently represents the Development Authority of Fulton County, the most prolific local issuer of tax-exempt and taxable obligations for economic development purposes in Georgia in connection with the issuance of over $15 billion in private activity, 501(c)(3), and taxable bonds for a wide variety of projects, including hospitals, museums, college, secondary and elementary school facilities, dormitories and facilities, multifamily housing, retirement care, commercial, mixed-use, and industrial uses.
- Represented the State of Georgia in successful negotiations for a $1.2 billion KIA auto assembly facility.
- AGG attorneys currently serve as general counsel to The Fulton-DeKalb Hospital Authority (which owns the Grady Health System facilitates).
- Represented a major film studio with financing matters and entertainment tax credits.
- Served as underwriter’s counsel for a 2014 City of Atlanta General Obligation Refunding Bond financing.
- Represented a charitable organization and an affiliated leverage lender in closing three phases of New Markets Tax Credit (NMTC) subsidized loans for a $100+ million facilities expansion. The total amount of NMTC-subsidized debt through the three phases was $54 million and involved three unrelated CDE lenders and three different NMTC investors.
- Represented a tax-exempt university and an affiliated special purpose borrower/landlord entity in obtaining $20 million of debt subsidized by NMTCs to be used to construct an approximately 60,000 square foot facility consisting of museum galleries, art storage and museum infrastructure, theater, and classroom space.
- Representing a Fortune 100 national food distribution company as outside North American real estate counsel with regard to all acquisitions, developments, leases, and dispositions of real estate in the United States and Canada.
- Assisted a Japanese manufacturing client with site selection, environmental due diligence, land development permits, and negotiation with local, county, and state authorities to obtain various economic incentives and applications for Georgia Industrial Wastewater Discharge and Air Emission permits in connection with the construction and development of new plant near Griffin, Georgia.
- Represented a major internet service provider in the acquisition of property for a data center and in the issuance of taxable revenue bonds.
- Representation of community development entities in obtaining determinations of CDE status; applying for and obtaining allocations of NMTC authority from the CDFI Fund and receiving Qualified Equity Investments; and making Qualified Low-Income Community Investments in a variety of projects.
- Represented a state financing agency, Georgia Environmental Finance Authority, in structuring transactions with local governments for the acquisition, construction, and operation of reservoirs and wells for $300 million of water supply projects.
- Represented the Georgia World Congress Center Authority in a significant long-term ground lease transaction for the College Football Hall of Fame, involving private and commercial parties and lenders.
- Currently represents the Residential Care Facilities for the Elderly Authority of Fulton County in connection with the financing of continuing care retirement community and retirement home facilities.
- Campaign for Accountability – Carefully crafted strategy secures unanimous ruling from Georgia Supreme Court
- SMA, Ltd. – AGG Helps Real Estate Investor Solve Three Significant Challenges
- Development Authority of Fulton County – Financing Helps Global Payments Consolidate Headquarters, Expand
- Hecate Energy LLC – AGG Helps Solar Project Developer Realize Maximum Tax Benefit
- Development Authority of Fulton County – AGG Helps Drive Mercedes Headquarters Deal
- InterContinental Hotels Group - AGG Hired to Negotiate Largest Office Lease Transaction in Atlanta Area for 2015
- Beltline Energy - AGG Structures Deal Benefiting Developer and Community
- Equinox Group - AGG Develops Attractive Deal Structure to Aid in Generation of Profits
- LakePoint Sporting Community & Town Center® - How Key Land Deals Set Stage for Mixed-Use Project
- Benteler - AGG Team Assists German Company with $900 Million Manufacturing Project in Louisiana
- Fronius USA, LLC - AGG Negotiates $20 Million Incentive Package
- Geo L. Smith, II Georgia World Congress Center Authority - AGG Successfully Assists in Providing New Location for the College Football Hall of Fame
Recognition
Southern Business & Development has named AGG one of the best economic development law firms in the South.
News & Insights
- EventsSpringboard to Europe 2023October 4, 2023 | AGG Seminars & Webinars | Atlanta, Georgia
- NewsAGG Increases Number of Attorneys Recognized in 2024 Edition of The Best Lawyers in America® With Three Named “Lawyer of the Year”August 17, 2023 | Rankings & Recognition | News Releases | Arnall Golden Gregory LLP
- NewsThree AGG Practices, Six Attorneys Recognized In 2023 IFLR1000July 31, 2023 | News Releases | Rankings & Recognition | IFLR1000
Related Services
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