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Tom Fail

Partner
Auckland
Download Tom's vCard

DDI:        +64 9 353 9913
Mobile:   +64 21 966 835
FAX:        +64 9 353 9701
Email:      

Tom is legal specialist in finance and project finance, energy, and construction law. Tom has a wealth of experience advising lenders and borrowers on a wide range of secured and unsecured financing transactions.

Professional Qualifications

LLB (First Class Hons) Canterbury University, 1997
BA (Political Science) Canterbury University, 1997
Admitted to the Supreme Court of England and Wales (2004)

Areas of expertise

Energy and Resources
Banking & Financial Services
Personal Property Securities Act & Credit Contracts and Consumer Finance Act
Project Finance
Construction
Infrastructure/Major Projects/PPP
Electricity
Corporate and Commercial

Tom has extensive legal expertise advising lenders and borrowers on a wide range of secured and unsecured financing transactions. He has particular expertise in the finance, construction and commercial aspects of major project and project finance transactions. He has also advised on large corporate transactions (including energy related M&A transactions and a broad range of commercial contracts across the energy sector).
 
Some of Tom's major projects
 
General Finance
  • Acting for Westpac Banking Corporation as arranger and lead manager on the $100 million residential mortgage backed securitisation for NZF Group

  • Acting for the bank financing the equity investment in a steam field and electricity generation project in the central North Island
  • Acting for Anchorage Capital Pty Ltd on the leveraged financing for its acquisition of the Burger King franchise in New Zealand
  • Acting for the banking group on an interim financing for the Fisher & Paykel Appliances group of companies and the subsequent international restructuring and refinancing of that group's debt facilities
  • Acting for Westpac and HSBC in relation to a NZ$100,000,000 syndicated multi-currency revolving facility agreement for a major New Zealand based corporate
  • Acting for a major international hedge fund on the acquisition (as a member of a consortium) of a loan book of a distressed New Zealand finance company
  • Acting for Bank of New Zealand on the financing of a hydro-electric generation facility
  • Acting for Masthead Portfolios Limited on the acquisition financing for its partial takeover offer for Abano Healthcare Group Limited
  • Acting for Credit Suisse and UBS AG on the financing for the A$4.5 billion acquisition by a private equity consortium of certain media assets from Publishing and Broadcasting Limited
  • Acting for Westpac in relation to a development finance facility for a gas field
  • Acting for the receivers of Nathans Finance NZ Limited
  • Acting for Westpac as arranger in relation to the MARAC securitisation programme
  • Acting for Credit Suisse on a US$220 million syndicated acquisition finance facility for the acquisition of an interest in an Indonesian telecoms company
  • Acting for Credit Suisse on a US$50 million bridge finance facility for a number of Indonesian E&P contractors
  • Acting for Citigroup on a US$55 million LC facility for an Indonesian energy company
  • Acting for HSBC on a €42 million loan facility for Unimills BV

Infrastructure/Project Finance/PPPs

  • Acting for an Indonesian governmental entity on developing a bankable project concession structure for the provision of a power station by a private entity under a BOOT structure
  • Acting for the financiers to a bidder for the concession on a refuse incineration electricity generation PPP project in Singapore
  • Acting for CNOOC and Shell Petrochemicals Company Limited in the US$4.3 billion Nanhai petrochemicals project in Guangdong, China
  • Acting for the onshore and offshore lenders on the US$800 million refinancing of the Optimal petrochemical project in Malaysia sponsored by The Dow Chemical Company, Petronas and Sasol
  • Acting for the onshore and offshore lenders on the 250MW lignite-fired Neyveli power project in Tamil Nadu India
  • Acting for the lenders on the 163MW Kelanitissa power project in Sri Lanka

Construction

  • Acting for CNOOC and Shell Petrochemicals Company Limited in relation to the umbrella project management contract with a Bechtel, Foster Wheeler and Sinopec consortium for the engineering, procurement and construction contracting arrangements for the Nanhai petrochemicals plant and the six separate EPC, EP, and/or EP + C packages operating under that umbrella contract
  • Acting for an Asian energy company on the EPC contracts for the harbour works and terminal works for an LNG receiving facility
  • Acting for Asia Silicones Monomer on the EPC contract for a silicones monomer plant in Thailand
  • Acting for GE Toshiba Silicones on the EPC contract for a silicones monomer finishing plant in Thailand and on a separate supply contract for a major item of equipment to be incorporated into the plant
  • Acting for the onshore and offshore lenders on the integration of a BOOT lignite transportation system for the Neyveli power project in India
  • Acting for an international energy company on the EPC contract and O&M contract for a strategic gas transmission pipeline in Gujarat, India
  • Acting for the banks in relation to construction and operating contracts for a mass rapid transit system in Bangkok, Thailand
  • Acting for the lenders on the construction and procurement arrangements for a highway project in Seoul, Korea
Corporate
  • Acting for Masthead Portfolios Limited in relation to its partial takeover offer for Abano Healthcare Group Limited and subsequent sale of its 19.9% stake in that company to Healthcare Industry Limited
  • Acting for Edison Mission Energy on its acquisition and financing of a NZ$1.2 billion cornerstone shareholding in Contact Energy Limited
  • Acting for the project lenders on AES Corp's sale of its interest in the 450MW Meghnaghat power project in Bangladesh to CDC Group plc
  • Acting for a bidder in its potential purchase of an equity stake in the 1200MW coal-fired Paiton power project in Indonesia
  • Acting for an international energy company in relation to the crude oil supply and refined petroleum products offtake arrangements for a refinery in Thailand
  • Acting for the lenders on an acquisition of a major Indonesian coal mining company
Seminars and publications
  • 'Syndicated Lending: Changing relationships’ - August 2010 - Speaker at Banking & Financial Services Law Conference on recent changes in relationships in syndicated loan arrangements, particularly between lenders and agent
  • Buildability and Bankability - 2009 - Speaker at the LexisNexis Public Private Partnership PPP 2009 Conference
  • Lender Liability - Statutory/regulatory issues (Presentation at the ADLS Credit Law Conference 2008)

International recognition

Recommended individual - ALB Guide: Energy & Resources 2009
 
Work history
 
Partner, Minter Ellison Rudd Watts, Auckland (2008 - current)
Senior Associate, Mayne Wetherell, Auckland (2006 - 2008)
Senior Associate, Global Loans Group, Allen & Overy LLP, London (2005 - 2006)
Senior Associate, Projects and Banking Group, Allen & Overy LLP, Singapore (2001 - 2005)
Solicitor, Another law firm, Auckland (1998 - 2000)




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