Peter K. O'Brien

Partner

Contact

  • New York
    p212.309.1024
    f212.309.1864
  • New York
    p212.309.1024
    f212.309.1864

Pete's practice focuses on all aspects of domestic and international capital markets transactions with a particular focus on the energy industry.

Pete acts as designated underwriters' counsel for several of the largest utility systems in the United States and advises various investment banks as to current issues in the utility industry. He also acts on a regular basis as external securities counsel for a publicly held Missouri-based electric utility system and a financial institution in the Farm Credit System.

Relevant Experience

Equity/Hybrid:

  • Underwriters counsel for Kansas-based electric utility in forward-equity issuance;
  • Underwriters counsel for Minnesota-based electric utility holding company in forward-equity issuance;
  • Company counsel for Missouri-based electric utility in dual issuance of mandatorily convertible securities and common stock;
  • Company counsel and agents' counsel in establishment of periodic equity programs for multiple utility holding companies;
  • Company counsel to financial institution in offerings of subordinated perpetual preferred stock and subordinated debt
  • Remarketing agent's counsel in several remarketings of debt component of equity units product; and
  • Underwriters' counsel in issuance of hybrid securities by multiple utility holding companies.

Debt:

  • Initial purchaser counsel in inaugural debt issuance for US financing subsidiary of Australian infrastructure fund;
  • Initial purchasers' counsel in two lease-structured debt issuances by Wisconsin-based owner of supercritical coal electric generating facility;
  • Underwriters' counsel for New Mexico-based electric utility in establishment of first mortgage indenture and inaugural issuance of first mortgage bonds;
  • Company counsel for Missouri electric utility in issuance of first mortgage bonds;
  • Initial purchasers' counsel in the capital markets portion of the exit financing for a South Dakota-based electric and gas utility that emerged from Chapter 11 bankruptcy proceedings;
  • Purchasers' counsel in an institutional private placement of debt by an Indiana-based electric and gas utility holding company;
  • Initial purchasers' counsel in inaugural 144A/Reg S debt issuance for a "merchant Genco"; and
  • Initial purchasers' counsel in 144A debt issuance by privately held petroleum distribution company.

Private Activity Bonds:

  • Underwriters' counsel in issuance by West Virginia Economic Development Authority Energy Revenue Bonds (Morgantown Energy Associates Project) Series 2011;
  • Underwriter's counsel in issuance by The Delaware Economic Development Authority of its Exempt Facility Revenue Bonds (Indian River Power LLC Project) Series 2010;
  • Conduit obligor's counsel in issuance by Mississippi Business Finance Corporation of its Gulf Opportunity Zone Industrial Development Revenue Bonds (SG Resources Mississippi LLC Project) Series 2010;
  • Underwriter's counsel in issuance by West Virginia Economic Development Authority of its Solid Waste Disposal Facilities Revenue Refunding Bonds (Appalachian Power Company - Amos Project) Series 2010A; 
  • Conduit obligor's counsel in issuance by New York State Energy Research and Development Authority of its Pollution Control Revenue Refunding Bonds (New York State Electric and Gas Corporation Project);
  • Underwriter's counsel in issuance by Luzerne County industrial Development Authority (Pennsylvania) of its Water Facility Revenue Refunding Bonds (Pennsylvania American Water Company Water Facilities) Series 2009; and
  • Underwriter's counsel in issuance by Reisel Industrial Development Corporation of its Solid Waste Disposal Revenue Bonds (Sandy Creek Energy Associates, L.P. Project) Series 2008.
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