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Tsutomu Kobayashi

Partner
Baker & McKenzie (Gaikokuho Joint Enterprise)

Biography

Tsutomu Kobayashi is a member of the Firm’s Banking & Finance group in Tokyo. His work primarily involves energy and infrastructure projects, project finance related to such projects and other structured finance, including acquisition finance and real estate finance. Prior to becoming a lawyer, he worked at the Bank of Tokyo-Mitsubishi, Ltd. (currently MUFG Bank, Ltd.). He was seconded to Baker McKenzie's London Office for all of 2010 and to the structured finance department of Sumitomo Mitsui Banking Corporation Europe Limited (London), where he handled energy-related project finance. He was also seconded to the legal department of Shinsei Bank, Limited (Tokyo) for the entirety of 2011, where he engaged in general banking-related legal work.

Practice Focus

Tsutomu focuses his practice on energy projects (eg, renewables and gas-fired IPPs), infrastructure projects (eg, PFIs/PPPs) and project finance related to such projects. He also has extensive experience in structured finance matters, including acquisition finance, real estate finance and structured leasing, in addition to his expertise in securitization/liquidation and trust law matters, financial regulations and general banking and finance law matters.

Representative Legal Matters

  • Represented financial institutions, sponsors and investors in the development, operation and project financing of numerous energy projects, including renewable energy power generation projects (eg, wind, solar and biomass) and large-scale gas-fired thermal power generation projects.
  • Represented JAPEX, Mitsui & Co. and other sponsors in the development and project financing of a 1,180 MW natural gas-fired power generation project at Soma Port in Fukushima Prefecture, which won the Projects, Energy and Infrastructure Deal of the Year award at the Asian Legal Business Japan Law Awards.
  • Represented MUFG Bank and other financial institutions in the project financing of a 1,080 MW coal-fired Integrated Gasification Combined Cycle (IGCC) power generation project in Fukushima Prefecture.
  • Represented a syndicate of financial institutions in a project finance transaction for multiple solar power projects on agricultural facility rooftops.
  • Represented financial institutions, sponsors, investors and public sector entities in the development, operation and project financing of numerous PFI/PPP projects, including PFI projects related to government office buildings, school facilities, indoor pools, gymnasiums, civic halls, hospitals, satellites, vessels and other facilities, in addition to airport concession-type PFI projects.
  • Represented a syndicate of financial institutions in a PFI transaction involving the construction, operation and maintenance of the Diet Members' Office Building — the largest ever PFI transaction in Japan at the time.
  • Represented a syndicate of financial institutions in a PFI transaction involving the development, operation and maintenance of a satellite system.
  • Represented a syndicate of financial institutions in a PFI transaction involving the purchase and operation of ocean going vessels — the first ever PFI involving such vessels in Japan.
  • Represented a syndicate of financial institutions in a going-private MBO transaction involving one of the largest Japan-listed leisure and amusement companies at the time in a deal which won Debt Market Deal of the Year at the Asian Legal Business Japan Law Awards.
  • Represented a syndicate of financial institutions in a going-private MBO transaction involving a listed manufacturer of electrical equipment for specialized vehicles.

Professional Associations and Memberships

  • Tokyo Bar Association - Member

Admissions

  • Japan (2004)

Education

  • University of Pennsylvania Law School (LL.M.) (2010)
  • Tokyo University (LL.B.) (1998)

Languages

  • English
  • Japanese

Previous Offices

  • London

Publications

Co-author, "Fukushima Gets a Gas-Fired Solution," PFI Yearbook 2018, Thomson Reuters, December 2017

Co-author, "Regulations Supporting Renewable Electricity Generation and Feed-in Tariffs in UK," MUFG BizBuddy, MUFG membership site, August 2011

Presentations

Presenter, “Project Finance for Offshore Wind Projects in Japan,” at the Offshore Wind Power Japan Conference Workshop hosted by Centre for Management Technology Pte. Ltd., May 2019

Presenter, "Project Finance in Japan: Basic Points and Practical Considerations for Preparing Contracts," Financial Management Forums, Inc., November 2019

Presenter, "Project Finance in Japan: from the Basics to Contracting Practices," FN Communications, October 2019

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