Practices


Public Finance

Bass, Berry & Sims PLC has the largest public finance practice in the state of Tennessee.  We have served as bond counsel for issues in every one of the state's 95 counties.  In 2005, we served as bond counsel on issues with an aggregate dollar amount of over $1.9 billion, more than five times any other Tennessee public finance practice.  Our lawyers combine their public finance expertise with their knowledge of banking, securities, real estate, federal income tax and state property tax matters.  In addition to serving as bond counsel, we also serve as underwriter's counsel, borrower's counsel, credit enhancer's counsel and trustee's counsel.  In our public finance activity, we regularly work with both regional, as well as national, underwriters and banks.

We have extensive experience with multiple mode variable rate issues, issues with various tender and conversion features, and issues involving various forms of swaps and other derivatives, forward purchase agreements and investment agreements for escrows, reserve funds and construction funds.  We also have expertise with issues involving credit enhancement devices such as letters of credit, standby credit arrangements and bond insurance.

Typical public finance activity includes:
  • serving as bond counsel for traditional public purpose bond issues for projects such as roads, schools, utilities, airports, convention centers, hospitals and solid waste disposal and recycling facilities 
  • serving as bond counsel for various types of private activity bonds, including small issue industrial development bonds, exempt facility bonds and qualified 501(c)(3) bonds
  • serving as bond counsel for financings done by utility districts throughout Tennessee
  • serving as bond counsel state-wide for financings through Rural Development (formerly the Farmers Home Administration)
  • structuring municipal financings involving public and private sector cooperation, including industrial park financings, redevelopment financings and stadiums used by professional sports teams
  • participating in tax-exempt financings for the prepaid purchase of natural gas
  • serving as bond counsel for certificates of participation in tax-exempt leases
  • representing industrial companies in obtaining property tax concessions by leasing facilities from governmental entities
  • working with the firm's governmental relations group to initiate new legislation when necessary for particular financings.

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