Project finance initiative | Practical Law

Project finance initiative | Practical Law

Project finance initiative

Project finance initiative

Practical Law UK Legal Update 4-386-0684 (Approx. 2 pages)

Project finance initiative

by Matthew Hardwick, Norton Rose LLP
Published on 08 May 2009

Speedread

The UK Treasury has launched a funding unit to provide finance for PFI projects where it is otherwise not available because of the current disruption to the credit markets. This article looks at some of the key features of the scheme.
On 4 March 2009, the UK Treasury announced the launch of a funding unit with a remit to provide finance for Private Finance Initiative (PFI) projects in circumstances where project sponsors cannot obtain sufficient commercial debt finance on acceptable terms. This intervention will ensure that these projects will not be starved of crucial and valuable investment during the current period of disruption in the credit markets.
The key proposals are as follows:
  • The funding unit will not replace commercial lenders and the European Investment Bank (EIB) who are expected to continue to provide the majority of the finance. Instead, the funding unit will provide loans alongside these parties. The Treasury has not however ruled out acting as sole lender on a PFI transaction in circumstances where no commercial lending is available or is only available on unacceptable terms.
  • The Treasury will lend on commercial terms, receiving interest alongside the banks with project sponsors hedging a floating rate of interest on the swap market. The Treasury will share in the security and will rank pari passu with commercial lenders both pre- and post-enforcement. Project risk accepted by the commercial lenders will equally be accepted by the Treasury.
  • The Treasury will have full unencumbered syndication and sale rights in common with other lenders. The intervention will be temporary, with the Treasury intending to transfer the loans to the private sector when the credit markets recover. The refinancing of any Treasury loan by the sponsors will be treated in the same way as any other refinancing within the standard project documentation.
  • Eligibility for funding will depend on the stage of procurement reached. Those PFI projects which have issued a notice in the Official Journal of the European Union (OJEU) by 3 March 2009 will be eligible for finance. Projects going to market shortly after this date will also qualify provided that they meet the usual value for money and affordability criteria and subject to the projects having received Treasury approval prior to the issue of the OJEU notice.
The scheme has been well received in the market. Manchester Waste PFI became the first project to benefit from loans made available by the Treasury funding unit, reaching financial close in April 2009.