Neil Golden

Partner

Practice Description

Cornelius J. ("Neil") Golden, Jr. has more than 25 years of experience representing energy clients in complex equity and debt financings, project acquisitions and divestitures, and other significant corporate transactions. He has represented a number of major project developers, equity investors and lenders in the independent energy industry, both in the United States and internationally. In recent years he has worked extensively on matters involving the development and financing of renewable energy projects involving wind, solar and biomass, and on alternative fuels projects in the ethanol industry.

His corporate and financing experience in the energy sector has included representation of clients in syndicated bank financings, financings provided by multilateral and bilateral agencies (International Finance Corporation, Overseas Private Investment Corporation), debt offerings under Rule 144A, sale-leaseback financings, construction loans, formation of joint ventures and partnerships, equity investments, and the purchase and sale of equity interests in project companies. He has represented clients in financings of companies being acquired in privatizations and in bids for electric generation assets being divested by utilities. He has represented developers of power projects having long- or medium-term power purchase agreements as well as developers of merchant power plants.

Internationally, he has represented sponsors of power projects and electric distribution companies in a number of countries including Brazil, Argentina, Jamaica, Honduras, Bangladesh, Nepal, Colombia, Turkey, the Dominican Republic and the People’s Republic of China.

In addition to his background in the energy sector, Mr. Golden also has significant financing and transactional experience in other industries, including the telecommunications, chemical, railroad and oil and gas industries.

Representative Matters

• Represented Horizon Wind Energy in connection with tax equity financing for its 100.5 MW Rail Splitter wind farm in Illinois. 
• Represented Horizon Wind Energy in connection with tax equity financing for a portfolio of projects including the 201 MW Meridian Way wind farm in Kansas, the 300 MW Pioneer Prairie wind farm in Iowa and the 103 MW Rattlesnake Road wind farm in Oregon. 
• Represented Horizon Wind Energy in connection with tax equity financing for a portfolio of projects including the 198 MW Twin Groves II wind farm in Illinois, the 102 MW Elkhorn wind farm in Oregon, the 102 MW Prairie Star wind farm in Minnesota and the 200 MW Lone Star II wind farm in Texas. 
• Represented Horizon Wind Energy in connection with tax equity financing for a portfolio of projects including the 12 MW Madison wind farm in New York, the 151 MW Blue Canyon II wind farm in Oklahoma, the 231 MW Maple Ridge I wind farm in New York, the 91 MW Maple Ridge II wind farm in New York, the 200 MW Lone Star I wind farm in Texas and the 198 MW Twin Groves I wind farm in llinois. 
• Represented NaturEner USA in connection with a construction loan, tax equity financing and back leverage loan for its 106.5 MW Glacier 1 wind farm in Montana. 
• Represented NaturEner USA in connection with a construction loan and tax equity financing for its 103.5 MW Glacier 2 wind farm in Montana. 
• Represented the developer of the 300 MW NedPower Mount Storm wind farm in West Virginia in connection with development financing and sale of the project to Shell Wind. 
• Represented Panda Energy International in connection with $188 million of senior and subordinated debt financing to develop and construct a 100 million gallon manure-fueled ethanol production facility in Hereford, Texas. This financing was designated as the "North American Ethanol Deal of the Year" by Project Finance magazine. 
• Represented Bioverda, Ltd., a unit of NTR plc of Ireland, in connection with its acquisition of a controlling interest in Indiana Bio-Energy, developer of a 100 million gallon ethanol production facility in Indiana. 
• Represented Bioverda, Ltd. in connection with the formation of a joint venture with Virgin Biofuels known as "VBV" to make investments in ethanol production facilities. 
• Represented Bioverda, Ltd. in connection with its acquisition of a controlling interest in Ethanol Grain Processors, developer of a 100 million gallon ethanol production facility in Tennessee. 
• Represented WestLB in the organization and administration of a lender-owned company formed to own two ethanol projects previously owned by VeraSun in Ohio and Indiana resulting from a successful credit bid by WestLB, as agent for the lenders, in a bankruptcy proceeding. 
• Represented WestLB in the organization and administration of a lender-owned company formed to own two ethanol projects in South Dakota that were taken back from the original owners. 
• Represented Morgan Stanley in connection with an investment in Bull Moose Energy, a developer of biomass facilities. 
• Represented US Renewables Group in its acquisition of a 21.5 MW biomass facility in Tracy, California. 
• Represented the developer in connection with the equity and debt financing for a 177 MW wood-based biomass project in Ohio. 
• Represented National City Energy Capital, as lessor, in connection with a sale-leaseback of solar energy panels for Arizona State University. 
• Represented Morgan Stanley in connection with several solar energy transactions in California. 
• Represented the sponsor of Pace Carbon Synfuels Investors, L.P. in a $621 million private placement of limited partnership interests the proceeds of which were used to develop, construct and operate four coal-based synthetic fuels projects in Virginia and West Virgina. 
• Represented the sponsor of Carbontronics Synfuels Investors, L.P. in a private placement of limited partnership interests to a group of institutional investors the proceeds of which were used to develop, construct and operate three coal-based synthetic fuel projects in Indiana, Illinois and Kentucky. 
• Represented a major New York investment banking firm in its purchase of limited liability company interests in two coal-based synthetic fuel projects in West Virginia and the subsequent sale of those interests to a third party. 
• Represented a major New York investment banking firm in its purchase of limited liability company interests in two other coal-based synthetic fuel projects in West Virginia and the subsequent wind-down of those facilities when production was discontinued.

Conventional Power

• Represented a private equity firm in the proposed purchase of four power projects from a syndicate of banks. 
• Represented an independent power company in a bid for power projects in Mexico. 
• Represented Panda Energy in the sale of 180 megawatt power plant in North Carolina to Virginia Electric and Power Company. 
• Represented Cleco Corporation in connection with a private placement of $218.6 million in senior secured bonds to finance the development, construction and refurbishment of a 770 megawatt power plant in Evangeline Parish, Louisiana. 
• Represented Perryville Energy Partners, a joint venture of Cleco Corporation and Mirant Corporation, in connection with $300 million in bank financing to finance the development and construction of a 725 megawatt power plant in Ouachita Parish, Louisiana. 
• Represented Cleco Corporation in connection with its purchase of the 50% equity interest in Perryville Energy Partners previously held by Mirant Corporation. 
• Represented Cleco Corporation in connection with a $100 million subordinated loan from Mirant Corporation in connection with Perryville Energy Partners. 
• Represented Panda Energy International in connection with a development loan, a $215 million construction loan, and conversion of the construction loan to permanent sale-leaseback financing for a 230 megawatt power plant and related water and transmission lines in Brandywine, Prince George’s County, Maryland. 
• Represented Panda Energy International in connection with the issuance by a subsidiary of $111,400,000 in first mortgage bonds under Rule 144A to refinance a 180 megawatt power plant in Roanoke Rapids, North Carolina, including the related defeasance of taxable municipal bonds previously issued to finance construction of the facility and the negotiation of the purchase by Panda of a 90% equity interest in the project from Ford Credit. 
• Represented Lyon Credit Corporation and United Capital Corporation in connection with loans to various landfill gas projects and small hydroelectric projects. 
• Represented Heller Financial in connection with loans to certain biomass projects. 
• Represented Panda Energy International in connection with issuance by a subsidiary of $155,200,000 in senior secured notes under Rule 144A to finance the development and construction of a 100 megawatt power plant in Luannan County, Hebei Province, People’s Republic of China. 
• Represented Panda Energy International in connection with approximately $100 million in equity and loan financing for the development and construction of the 36 megawatt Upper Bhote Koshi hydroelectric project and related transmission line in Nepal, with loans provided by International Finance Corporation and DEG—Deutsche Investitions—und Entwicklungsgesellschaft mbH, and equity provided by a joint venture between Panda and MCN Investment Corporation. 
• Represented Panda Energy International in connection with the sale of its 100 megawatt power project in Luannan County, Hebei Province, People’s Republic of China, to a subsidiary of Alliant Energy Corporation. 
• Represented Panda Energy International in connection with the issuance by a subsidiary of $105,525,000 in pooled project bonds under Rule 144A, secured by upstream cash flows from two power projects. 
• Represented Panda Energy International in connection with the negotiation of a senior secured revolving credit facility (corporate revolver) from a bank syndicate led by Bayerische Hypo-und Vereinsbank AG. 
• Represented Panda Energy International in connection with the formation of a joint venture with Alliant Energy Corporation to develop a 1000 megawatt power project in a state in the U.S. Midwest. 
• Represented Panda Energy International in connection with negotiation of a development rights agreement and loan agreement with Calpine Corporation. 
• Represented Panda Energy International in connection with the sale of certain development-stage projects in California to Calpine Corporation. 
• Represented Panda Energy International in connection with a $93 million term loan and related stock purchase agreement with subsidiaries of Northland Power, Inc. 
• Represented Panda Energy International in connection with formation of a joint venture entity with TECO Energy to develop and construct two 1,000 megawatt power projects in Arkansas and Arizona. 
• Represented Panda Energy International in connection with the negotiation of financing for two 1,000 megawatt power projects in Texas and joint venture arrangements for these projects with a subsidiary of Public Service Enterprise Group (PSEG). 
• Represented Panda Energy International in connection with the sale of Panda’s equity interests in two 1,000 megawatt power projects in Arkansas and Arizona to TECO Energy. 
• Represented Panda Energy International in connection with a concurrent exchange offer and redemption offer for $155,200,000 of senior secured notes. 
• Represented The AES Corporation in connection with $630 million in bank financing for the acquisition of AES Sul, an electric distribution company serving the province of Rio Grande do Sul, Brazil, as a result of a privatization. 
• Represented The AES Corporation and AES Sul in connection with a $730 million floating rate note facility with BankBoston and ANZ Bank and in subsequent restructurings of the floating rate note facility. 
• Represented The AES Corporation and AES Sul in connection with $410 million in loan financing from a bank syndicate led by BankBoston. 
• Represented The AES Corporation and PSEG Americas in connection with $270 million in acquisition and operating loans for Empresa Distribuidora de Energia Norte S.A. (EDEN) and Empresa Distribuidora de Energia Sur S.A. (EDES), two electric distribution companies servicing the Province of Buenos Aires, Argentina that were privatized, from a bank syndicate led by ING Barings. 
• Represented subsidiaries of The AES Corporation and PSEG Americas in connection with the refinancing of EDEN and EDES, two electric distribution companies serving the Province of Buenos Aires, Argentina, through $200 million in loan financing from a bank syndicate led by Westdeutsche Landesbank Girozentrale (WestLB). 
• Represented The AES Corporation in connection with its acquisition of a 90% equity interest in Empresa Distribuidora La Plata, S.A. (EDELAP), an electric distribution company serving the Province of Buenos Aires, Argentina, from Houston Industries and Inversora Catalinas S.A., and in connection with a related $193 million bank loan from Citibank. 
• Represented The AES Corporation in connection with its sale of a minority equity interest in EDELAP to PSEG Americas and negotiation of the related shareholders agreement. 
• Represented The AES Corporation and PSEG Americas in connection with a $120 million bank loan from Citibank for EDELAP in Argentina. 
• Represented subsidiaries of The AES Corporation in connection with several joint venture or shareholder agreements with PSEG Americas in connection with the Parana electric generating facility in Argentina. 
• Represented a major independent energy company in connection with proposed Rule 144A debt offerings for certain subsidiaries based in South America. 
• Represented a major independent energy company in connection with a proposed Rule 144A debt offering to finance certain power projects located in Texas. 
• Represented Allegheny Energy in negotiation of a settlement agreement with the State of California and the California Department of Water Resources in connection with disputes involving electricity supply contracts valued at over $4 billion. 
• Represented Wärtsilä in connection with the sale of equity interests in an 80 megawatt ELCOSA power plant in Honduras to a group of investors including Scudder, Illinova and various Honduran parties, and negotiation of the related shareholders’ agreement. 
• Represented Electricidad de Cortes, S. de R.L. de C.V. (ELCOSA) in connection with project expansion financing from International Finance Corporation related to its 80 megawatt power plant in Honduras. 
• Represented Wärtsilä in connection with the sale of equity interests in Jamaica Energy Partners, the owner of a 76 megawatt power project located in Jamaica, to a group of investors and negotiation of related consents and amendments to loan financing provided by International Finance Corporation.
• Represented Wärtsilä in connection with the development and financing of a 110 megawatt Khulna power plant in Bangladesh, with approximately $52 million of loan financing provided by International Finance Corporation. 
• Represented Wärtsilä in connection with the sale of a majority equity interest in the Khulna, Bangladesh power project to Coastal Corporation and negotiation of the related shareholder agreement. 
• Represented Wärtsilä in connection with the sale of stock in Compania de Electricidad de Puerto Plata, S.A., the owner of a 50 megawatt power plant in the Dominican Republic, to Commonwealth Development Corporation and Coastal Corporation, including negotiation of necessary consents under financing provided by the U.S. Maritime Administration. 
• Represented a bidder in several privatization auctions of electric generation and distribution facilities in South America. 
• Represented a bidder in auctions by U.S. utilities seeking to divest electric generating plants. 
• Represented The AES Corporation in connection with bank financing for Somerset Railroad Corporation and related railcars and other equipment acquired by AES along with its acquisition of certain electric generating facilities in New York State. 
• Represented Power Development Enterprises, Inc. in connection with the development of an 800 megawatt power project in Arizona. 
• Represented a bank syndicate led by Credit Suisse in connection with a $65 million loan to the 30 megawatt Puna geothermal project in Hawaii. 
• Represented Westar Energy in connection with its equity interests in power projects in Colombia and Turkey and the sale of its interest in the project in Colombia. 
• Represented Archbald Power Corporation in connection with a $53 million leveraged lease financing of a 22.5 megawatt anthracite culm-fired cogeneration facility in Pennsylvania. 

Other Infrastructure/Chemical Plants/Telecom

• Represented a major Japanese trading company in connection with potential investments in toll highway facilities in the U.S. and Canada. 
• Represented Global Fiber Group in connection with its joint venture with Alcatel Corporation and certain equity financing matters relating to the development of an undersea fiber optic cable facility to connect various countries bordering on the Mediterranean Sea. 
• Represented Occidental Chemical Corporation in connection with its acquisition of a Deer Park, Texas vinyl chloride monomer manufacturing facility from Shell Oil Company. 
• Represented Occidental Chemical Corporation in connection with its acquisition of a Corpus Christi, Texas, chloralkali manufacturing facility from DuPont. 
• Represented Occidental Chemical Corporation in connection with its acquisition of a phenolic resins business from BTL Specialty Resins Corp. 
• Represented issuers and underwriters of tax-exempt revenue bonds the proceeds of which were used to finance single-family and multi-family mortgage programs in various cities and counties in Texas. 
• Represented venture capital investors in technology companies. 
• Represented successful applicants for cellular telephone licenses in several major U.S. markets and in related financing arrangements, joint venture and partnership agreements and in the sales of such interests. 
• Represented independent oil and gas production companies in connection with bank financing and initial and secondary public offerings.

Honors

Activities and Affiliations

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