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  • The Saudi Yanbu petrochemical company (Yanpet) has made its first drawing from a US$2.2 billion senior debt facility provided by a group of over 30 international and regional banks. The transaction sets new benchmarks for limited recourse bank financings, achieving a low lending margin and flexible borrowing terms. The principal difficulty in accessing project finance is seen to be the complexity and cost of the transaction. Many jurisdictions simply do not have the legal framework to support the level of contractual certainty or the granting of security at the heart of project financing techniques. The Yanpet project overcame these issues and demonstrated that thoughtful structuring and allocation of traditional risks (eg completion, market volatility, supply and operating risks) can lead to effective execution of even the largest transaction.
  • • In London, US firm Akin, Gump, Strauss, Hauer & Feld has poached three lawyers from US rivals in the city. Kaamil Ansar, Andrew Thomas and Elisha Flax are being hired to expand the firm's London project finance team. Ansar, a dual-qualified project finance specialist, joins the firm as partner from Jones, Day, Reavis & Pogue. Thomas and Flax, both UK solicitors, join as counsel and associate from Chadbourne & Parke. • US firm Winthrop, Stimson, Putnam & Roberts has also added to its project finance team two partners from rival New York firm Verner, Liipfert, Bernhard, McPherson and Hand. Roy Bowman and Douglas Ochs Alder will join the firm's Washington DC office. Bowman was a shareholder in Verner, Liipfert and chaired the firm's international transactions and trade practice. The firm has also poached project finance partner Jay Fortin from Watson, Farley & Williams.
  • The largest US merger between east and west coast law firms is being contemplated by New York firm Reid & Priest and San Francisco's Thelen, Marrin, Johnson & Bridges LLP. The combined firm would have about 350 lawyers. Meanwhile, Reid & Priest has also linked with ambitious Indian firm Titus & Radhakrishnan. Richard Gary, Thelen Marrin's chairman, says: "The conversations are at a very serious stage. I expect there will be a decision within the next few weeks." A spokesperson for Reid & Priest refuses to comment.
  • UK firm Linklaters & Paines has formally ended its two year association with German firm Schön Nolte Finkelnburg & Clemm and is now setting up to work with Oppenhoff & Rädler, the German member of the Alliance of European Lawyers. According to Linklaters' press release the office is set to continue as the Frankfurt branch of Schön Nolte. But the three Linklaters lawyers who will remain in Frankfurt have been offered new premises — coincidentally belonging to Oppenhoff. "They are moving into office space which Oppenhoff has made available to them," confirms Linklaters' managing partner Terence Kyle. So what of full Alliance membership? "We have an entirely open mind," says Kyle of Linklaters' European strategy and he is quick to point out that the firm itself has never declared any intention to join the Alliance.
  • The Commission proposed a Directive to eliminate withholding taxes on payments of interest and royalties between associated companies in different member states. Taxes levied at source either by deduction or assessment can involve time-consuming formalities, cash-flow losses and double taxation for companies engaged in cross-border business. The Commission therefore proposed that taxes on payments of interest and royalties should be levied only in the member states where the companies receiving the payments are located. Commissioner Monti says this would remove a 'significant tax handicap' to companies' cross-border operations.
  • On February 19, the Bank of Botswana liberalized exchange controls. The liberalization falls short of a complete abolition of exchange controls, although this may occur in the next six to eight months.
  • In autumn 1996, the ministry of finance appointed a working group to assess the need for securities legislation and to propose amendments. The working group prepared a memorandum called Securities Markets 2000 on the Finnish securities markets and securities legislation. The memorandum was published in February 1998.
  • In February 1998 amendments to acts regarding the financial sector were proposed. They included the following:
  • Two recent decisions have underlined the enduring significance of subrogation in legal practice. A person who has this right or remedy is known as the subrogatee. The subrogatee stands in the shoes of another person to enjoy the benefit of securities, claims and remedies available to that other person.
  • After currency devaluation in Asia, lenders and borrowers are scrutinizing material adverse change (MAC) clauses to determine their respective positions. By Richard M Gray of Milbank, Tweed, Hadley & McCloy, Singapore