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Higher Education/Cultural Facilities

We are a national leader in tax-exempt financings for public and private (nonprofit) colleges and universities. Lawyers in our Higher Education Practice regularly serve as bond counsel, underwriters’ counsel and institution counsel on tax-exempt financings for colleges and universities. We partner with financial advisors and investment bankers in this area to develop improved financing structures.

Since 2014, we have served as bond or underwriters’ counsel on more than 190 financings, aggregating over $14 billion, for both public and private colleges, universities and other higher educational institutions.

Our public finance lawyers have served as bond counsel, borrower counsel, bank counsel or underwriters’ counsel on financings by or for the benefit of many prominent private and public universities and colleges.

  • Actively participate in the review of tax matters and derivative agreements, including 501(c)(3) status, private use limitations, yield limitations and post-closing compliance, including rebate analysis. 
  • Experienced in special considerations that apply to specific types of projects that an institution of higher education may finance with tax-exempt bonds: hospital facilities, stadium and sports facilities, theaters and performing arts venues and student housing, to name a few. 
  • Assist institutions with their post-issuance compliance needs, including matters relating to Schedule K of the IRS Form 990. 
  • Significant experience with taxable and tax-exempt bonds, revenue bonds (primarily with 501(c)(3) organizations), certificates of participation, liquidity facilities such as letters of credit and standby bond purchase agreements, credit enhancement, variable rate debt, and both public offerings and private placements of rated and unrated debt.

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