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In the News

Albert Tan in PERE: Japanese Pensions Adopt Overseas Caution

Tokyo Marine, ASIN Employees Pension Fund and DIC Pension Fund are among a limited group of Japanese pension funds to have invested in overseas real estate. But the number will grow, delegates heard at the PERE Tokyo Forum, last week. >>

Latinvex Recognizes Haynes and Boone as Leading Latin America Firm

Latinvex has featured Haynes and Boone, LLP in three of its listings for top Latin America law firms, including the Top 100 Latin America Lawyers, Top 50 Law Latin America Firms and Legal 50: The Partner Tally. >>

Gilbert Porter in Law360: Dealmakers Q&A: Haynes and Boone's Gilbert Porter

Gilbert D. Porter is co-chairman of the projects practice at Haynes and Boone, LLP. Over his 35-plus years of practice, he has led more than 120 project transactions in more than 35 countries throughout the United States, Mexico, the Caribbean, Latin America, Asia, Russia, the Middle East and South Africa, and has advised on several hundred more. >>

Recent Publications

CFPB Relaxes Rules Governing Privacy Disclosures

The Consumer Financial Protection Bureau (“CFPB”) announced today that it would allow financial institutions to provide their privacy notices to consumers online and would no longer require annual distribution of paper copies, provided that the institutions meet certain requirements. >>

Outbound Investing - Japan Goes Global

Presented at PERE Forum: Japan 2014. >>

Structuring Capital Call or Subscription Loan Facilities for Investment Funds

A webinar outlining approaches for structuring the loan facility, examining the underlying fund structure and fund document provisions, artfully drafting loan provisions, and performing comprehensive legal due diligence. >>

ISDA Publishes Form of Amendment to Address Uncertainty Regarding Section 2(a)(iii)

The International Swaps and Derivatives Association, Inc. (“ISDA”) has published a form of amendment to the 1992 and 2002 ISDA Master Agreements intended to address continuing uncertainty regarding the condition precedent set forth in Section 2(a)(iii) of both such Master Agreements (“Section 2(a)(iii)”). >>

ISDA Section 2(a)(iii): Problems and Solutions

In recent years, one clause of the ISDA Master Agreement has been the source of a great deal of consternation among derivatives lawyers: the condition precedent set forth in Section 2(a)(iii), which purports to suspend a party’s payment obligations in the event of a continuing default by the other party. >>

American Bankers Association Bank Compliance Magazine Guest Article: Responding to Examination Findings

Amid the industry's efforts to emerge from the global financial crisis, banks now encounter a new era in examination management. This era is marked by continuing regulatory uncertainty, economic instability, and heightened expectations from prudential regulators. >>

Private Equity Real Estate

Presented at the Global Alternative Investment Forum Japan 2014. >>

The Client in the Driver's Seat

Our Client
InterOil Corporation, a public company developing a liquefied natural gas (LNG) facility in Papua New Guinea

The Problem
InterOil was positioned to use its very substantial natural gas discoveries to develop an LNG liquefaction facility in Papua New Guinea.  It was clear from the start that, while InterOil had the resources, vision and expertise to drive the project, some very large U.S. and European financial players needed to be brought into the project to provide additional development stage financing to allow the project to move ahead.  The fact that negotiations needed to transpire across several time zones (Papua New Guinea is in the vicinity of Australia) was a complicating factor.

The Haynes and Boone Solution
Through tough negotiation and creative structuring, we were able to assist InterOil in securing the development funding InterOil needed, while keeping them where they belonged - in the driver's seat of this complex project.

The Outcome
The first phase of the financing package was completed in the summer of 2007.  Current estimates anticipate that this will ultimately be a multi-billion dollar project.

For more information about this case study, please contact Arthur Cohen at  or Herb Glaser at  .