Tibberts, Mark

Mark Tibberts

Partner
Baker & McKenzie LLP

Biography

Mark Tibberts is a partner in the North America Banking, Finance & Major Projects Practice Group in New York. Mr. Tibberts has a wide range of finance experience, including bank loans, private placements, trade finance, and Rule 144A offerings. He also has represented buyers, sellers and other participants in numerous mergers, acquisitions and joint ventures involving energy and infrastructure projects. Mr. Tibberts has represented the full range of energy industry participants, from traditional gas and electric utilities to commercial banks and other lenders and developers and private equity firms.

Practice Focus

Mr. Tibberts' practice focuses on the energy and infrastructure industries, and in particular on the development, project financing and sale and acquisition of energy and other infrastructure projects, both domestic and international. This includes conventional and alternative energy power plants and gas and oil pipeline and storage facilities. Mr. Tibberts also represents lenders and other firms in trade finance transactions involving energy and other commodities.

Representative Legal Matters

Project Finance and Development

  • Represented sponsor and project company in the development and USD224.5 million construction and term loan financing of 37.5 MW gasification biomass power plant in CT. The transaction included an innovative USD99.5 million mezzanine debt facility provided by the EPC contractor and was awarded North American Mezzanine Financing Deal of the Year for 2011 by Project Finance Magazine.
  • Represented international lender group in USD925 million project financing of a chemical production plant in Texas, including both construction loan and 15-year term loan facilities.

Acquisitions/Joint Ventures

  • Represented investor in acquisition of interest in major oil shale mining project and formation of joint venture for multi-billion dollar development of that project.
  • Represented winning bidder in USD1 billion+ acquisition of a power plant in New Jersey.

Capital Markets

  • Represented electric utility in USD1.4 billion financing program to finance flue-gas desulphurization equipment (SO2 scrubbers) for power plants in Ohio and Indiana financings included two separate USD400 million private placement note offerings and USD200 million in tax exempt bonds.
  • Represented underwriters in securities offerings by a major Midwestern utility holding company and its electric and gas utility subsidiaries

Public-Private Partnerships

  • Represented affiliates of a major electric and gas utility holding company in negotiations for agreements for the operation of a state power authority's electric distribution system and the sale of electric power to that system.
  • Represented lending consortium providing financing to short listed bidder for proposed Jackson, Mississippi airport toll road project.

Professional Associations and Memberships

  • American Bar Association - Public Utility, Communications and Transportation Law Section - Member
  • Energy Bar Association - Member
  • Energy & Mineral Law Foundation - Member

Admissions

  • New York (2002)

Education

  • Ohio State University Moritz College of Law (J.D. with Honors) (1989)
  • Ohio State University (B.A. with Honors) (1986)