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.
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.
- 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.
- 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
- 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
- New York (2002)
- Ohio State University Moritz College of Law (J.D., with Honors) (1989)
- Ohio State University (B.A., with Honors) (1986)
Co-author, "Brazil: The Development of its Sugarcane Ethanol Industry," 2010 International Energy Law Review, Issue 2
Co-author, "The Growth of the Ethanol Industry in Brazil," Fulbright & Jaworski L.L.P. Global Infrastructure, Volume IV, Fall 2009
Speaker, "Project Finance Debt Structuring and Multitranche Debt Structures," Project Finance: The Tutorial, New York, New York, April and September 2010, 2011, 2012 and 2013
Speaker, "Project Financing of Liquefied Natural Gas Facilities," 12th Annual Liquefied Natural Gas Conference, Houston, Texas February 2013