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Public Finance

Stoll Keenon Ogden’s Public Finance practice helps local governments, private industry and nonprofit corporations finance projects that create jobs and raise the quality of life in Kentucky.  Our work stretches across the state and includes projects that can be financed on a tax-exempt or taxable basis.

The Public Finance practice has made significant contributions to communities and industries throughout Kentucky. Our legal services have helped to contribute to the construction of schools, healthcare facilities and college arenas as well as the provision of clean water, affordable electricity and transportation infrastructure that serve people throughout Kentucky. We represent many different parties to financings including issuers, underwriters, lenders, conduit borrowers and trustees.

Our attorneys understand the complex nature of public finance including having particular knowledge of federal and Kentucky tax, securities and other laws that impact public finance transactions.

The scope of our services in this area includes financings related to:

  • Public buildings and structures
  • Utilities
  • Hospitals and other healthcare facilities
  • Education
  • Airports and transportation
  • Convention centers
  • Industrial development
  • Solid waste facilities
  • 501(c)(3) facilities

Work Highlights

Real Estate Finance – Medical Office Building

Represented bank client in the documentation, negotiation and participation of a $48 million credit facility used by the borrower to finance the construction of a pediatric hospital owned and operated by an affiliate of the University of Louisville.  SKO represented the bank in the subsequent semi-permanent financing for the credit facility, which was closed in April 2017, and is currently serving as both bank and bond counsel in connection with the conversion of the existing credit facility to a tax exempt facility.

Real Estate Finance – New Market Tax Credit Financing

Represented bank client in connection with financing to a national non-profit organization utilizing new market tax credits to finance the construction of an 80,000 square foot facility including a primary care health facility, youth and community outreach venues, health and wellness areas, and administrative offices in Evansville, Indiana.

Private Activity Bonds

Served as bond counsel for a public arena for the issuance of $377 million tax-exempt and taxable qualified private activity bonds.

Served as bond counsel for two Kentucky public utilities for the issuance of $125 million and $96 million tax-exempt qualified private activity bonds. As qualified tender bonds, the respective financings were initially marketed with weekly or long-term interest rates.

Served as bond counsel for two Kentucky public utilities for the remarketing of several issues of tax-exempt qualified private activity bonds.

Related Practices: Business Services, Public Finance

General Obligation Bonds

Served as bond counsel for the issuance of $5.1 million tax-exempt general obligation bonds for a Kentucky city to refinance the costs of public safety facilities.

Served as bond counsel for a Kentucky county for the issuance of $2.87 million tax-exempt general obligation bonds to finance the costs of facilities upgrades and improvements.

Related Practices: Business Services, Public Finance

Revenue Bonds

Served as borrower's counsel for a state-wide health system for the issuance of $128.9 million taxable revenue bonds.

Served as bond counsel for a Kentucky city for the issuance of $9.99 million tax-exempt revenue bonds to finance the costs of sewer system improvements.

Related Practices: Business Services, Public Finance

USDA, RD Financings

Served as bond counsel for a regional water district for the issuance of $5 million tax-exempt revenue bonds purchased by USDA, RD to finance water system improvements.

Served as bond counsel for a Kentucky city for the issuance of $10.5 million tax-exempt revenue bonds purchased by USDA, RD to finance sewer system improvements.

Related Practices: Business Services, Public Finance

Non-Profit Educational Institutions

Served as bond counsel for an $8 million tax-exempt direct-purchase loan to refinance the costs of existing non-profit Secondary educational facilities.

Related Practices: Business Services, Public Finance

Taxable Lease Revenue Bonds for Property Tax Abatements

Served as bond counsel for the issuance of $54,000,000 taxable industrial revenue bonds to obtain 30-year state and local property tax abatements for new facilities used for a nation-wide retailer.

Served as bond counsel for the issuance of $60 million taxable industrial revenue bonds to obtain 30-year state and local property tax abatements for new facilities used to manufacture bourbon.

Served as bond counsel for the issuance of $50 million taxable industrial revenue bonds to obtain 30-year state and local property tax abatements for new facilities used to assemble and distribute educational materials.

Related Practices: Business Services, Tax, Public Finance

Issuer’s Counsel

Served as issuer’s counsel for the issuance of $472.6 million tax-exempt conduit revenue bonds to refinance hospital and healthcare facilities in Western Kentucky.

Served as issuer’s counsel for the issuance of $122.88 million tax-exempt conduit revenue bonds to finance and refinance new multi-level senior healthcare facilities in Central Kentucky.

Related Practices: Business Services, Public Finance

Underwriter’s Counsel

Served as underwriter’s counsel for the issuance of $4.18 million tax-exempt revenue bonds to refinance educational facilities for a private Kentucky college.

Related Practices: Business Services, Public Finance

Lender’s Counsel

Served as lender’s counsel for the issuance of $5 million tax-exempt revenue bonds to finance new nonprofit Secondary educational facilities.

Served as lender’s counsel for the issuance of $25.5 million tax-exempt revenue bonds to refinance existing educational facilities for a private Kentucky college.

Served as lender’s counsel for the issuance of $9.3 million tax-exempt revenue bonds to refinance existing educational facilities for a private Kentucky college.

Related Practices: Business Services, Public Finance

School Financings

Served as bond counsel for the issuance of $72,000,000 tax-exempt revenue bonds to finance the construction of a new high school and two new elementary schools.

Served as bond counsel for the issuance of $65,800,000 tax-exempt revenue bonds to refinance elementary school improvements.

Related Practices: Business Services, Public Finance

Public Finance

Served over the years as bond counsel, issuer’s counsel and underwriter’s counsel in various tax-exempt and taxable financings.

Related Practices: Public Finance

Hospital Facilities

Served as bond counsel for a $140,000,000 tax-exempt revenue bond issue to finance new hospital and related health care properties and facilities for a state-wide health care provider.

Related Practices: Business Services, Public Finance

Health Care Support Facilities

Served as bond counsel for the issuance of $11,000,000 of tax-exempt and taxable revenue bonds to refinance facilities used to provide services to health care providers located in downtown Louisville.

Related Practices: Business Services, Public Finance

Municipal Utilities

Served as bond counsel for the issuance of $11,350,000 million tax-exempt revenue bonds to finance improvements to a municipal-owned electric generating plant.

Served as bond counsel for the issuance of $7,400,000 tax-exempt revenue bonds to finance improvements to a municipal-owned water system.

Related Practices: Business Services, Public Finance

Trust Company

Represented a bank in the purchase of all the outstanding stock of a trust company.

Venture Capital

Represented several early-stage companies in debt and equity venture capital infusions.

Related Practices: Banking, Public Finance

Work Highlights

National Association of Bond Lawyers

Kentucky League of Cities

Kentucky Association of Counties