Elliot Hinds focuses his practice on corporate and energy matters, with extensive experience in the areas of debt financing, mergers and acquisitions, project development and finance, and corporate and commercial transactions.
Practice & Background
Mr. Hinds represents owners, developers, private equity firms, hedge funds and other investors, and lenders in strategic transactional matters that occur in their development and life cycles. He has been particularly active in the energy, manufacturing, health care and other capital-intensive industries.
Mr. Hinds has extensive energy experience, having structured transactions to develop, finance, purchase and sell renewable (including wind, geothermal, solar and biomass), natural gas, cogeneration and coal-fired electric power projects; LNG and bioethanol facilities; and transportation projects. He worked on some of the first merchant facilities to be developed and/or owned in a fully deregulated environment and was an integral part of the team that designed and arranged the financings for a key electric energy forward market in California. He was selected one of the Top 25 Clean Tech Lawyers in California by the Daily Journal in 2011.
Mr. Hinds frequently speaks to industry groups and teaches in-house courses and is a member of several professional organizations. He has served on the board of directors for the Los Angeles Center for Law & Justice and has taught a self-designed transactional negotiations course at Loyola Law School. He is currently a member of the Los Angeles office’s Diversity Committee. Mr. Hinds has been named to Lawyers of Color’s Second Annual Hot List for the Western Region of the United States. The Lawyers of Color Hot List recognizes “mid-career minority attorneys excelling in the legal profession,” and are selected through nominations from mentors, peers and colleagues, and research of bar association publications and legal blogs.
A sampling of Mr. Hinds’ engagements include the following:
- a private wind project developer in the sale of a 1.6GW pipeline of solar projects located in the U.S. & Mexico. The 18 projects range in size from 13MWs to 336MWs and included assets that have been shortlisted for PPAs
- the development and sale of the 580MW Antelope Valley photovoltaic solar project (AVSP) to affiliates of MidAmerican Energy Holdings Company. The project will utilize proprietary photovoltaic modules and tracking technology and its electricity will be sold under long-term power purchase agreements. Construction of the project has commenced, and commercial operation is expected in 2015. When completed, AVSP will be the largest solar energy project in the world
- a wind turbine manufacturer in multiple turbine sales including a joint venture to develop a 70MW wind project in Chile
- a wind turbine manufacturer in the turbine sale and equity financing for a 33MW wind project in Chile
- a private renewable project developer in connection with a joint venture to develop utility scale solar projects in Japan
- a private wind project developer in the development and sale of a 150MW–170MW wind project in Texas
- a private solar project developer in the PPA negotiation, other development and sale of a 50MW solar project in New Mexico
- a private solar project developer in the development, EPC and sale of a 25MW project in California
- a private solar project developer in power purchase agreement and financing negotiations for solar power projects on various K-12 school campuses
- an iron ore mining company in the $45 million project financing and $20 million equity financing to expand its mine in Utah
- a wind project developer in the acquisition of a 20MW wind project under development in Montana
- a private wind developer in multiple complex and coordinated letter of credit and mezzanine debt financings totaling $240 million
- Los Angeles Community College District in connection with development and more than $65 million financing of a multicampus solar energy facility installation program using tax-efficient financing strategies
- a private geothermal electric power developer in the completion of a $108 million second-round private equity financing
- a private wind developer in more than $1 billion omnibus debt and equity restructuring of existing corporate and turbine acquisition secured loans
- a major energy developer in connection with an acquisition and joint venture for the development of a $2 billion mine-mouth, coal-fired, electric generation facility
- a private owner in connection with development, joint-venture negotiations and subsequent project financing of the $760 million LNG facility in Canada that was named North American Mid-Stream Oil and Gas “Deal of the Year 2006”
- a publicly traded company in connection with an approximately $300 million divestiture of an energy management services business, which was motivated by the need to reduce or eliminate bonding and capital support obligations
- a private developer in connection with acquisition of project assets for planned development of 20MW wind farm in California
- an acquirer of joint venture interests (in a limited liability company) in existing 20MW wind farm on a brownfield site and of project assets for planned development of 15MW wind farm in New York
- a private wind project developer in the simultaneous closing of two debt financings totaling $125 million: a $50 million secured corporate letter of credit facility and a $75 million secured mezzanine term loan provided by separate mezzanine lenders. These financings were layered among existing corporate debt, turbine debt, project debt and another layer of mezzanine debt and as such, had a complex and layered springing lien collateral structure involving multiple operating and developing projects
- a private wind project developer in connection with obtaining a $115 million mezzanine term loan facility, which is layered between project-level financings and the parent-level corporate and turbine loan facilities and the restructuring approximately $300 million existing corporate and wind turbine acquisition secured loans and letter of credit facilities.
Manufacturing, Health Care and Other Industries
- a lubricant manufacturing company in connection with an aggregate of $53 million in first and second lien loans
- a health care company in connection with multiple acquisitions, dispositions and financing transactions involving hundreds of millions of dollars
- a Canadian acquirer in more than $1.8 billion senior and subordinated acquisition financing in connection with the acquisition of a major retail pharmacy operation
- a communications company in a $820 million acquisition debt financing transaction
- a private company in connection with a joint venture to develop a new lubricant manufacturing facility in California
- a health maintenance organization in connection with the acquisition of a New Mexico based HMO
- a healthcare group purchasing organization in connection with the asset purchase and stock redemption from one of its members
- a manufacturer of thermal management products for defense, aerospace, supercomputer and semiconductor industries in the sale of its business
- an Arizona medical clinic in the sale of all of its stock via merger for cash and debt assumption
- a hardware and equipment sales chain in connection with $50 million purchaser financing in connection with an acquisition and $1 billion secured credit facility and $600 million variable interest unsecured subordinated note offering.
- "Market Drivers Realizing the Value of Energy Storage", PV America 2014, Boston, MA, June 24, 2014
- “Energy Storage Mandate in California - A Progress Report on Procurements”, California Energy Summit, San Francisco, CA, May 28, 2014.
- “Specific Funding and Financing Options”, Tribal Leader Forum “Financing and Investing in Tribal Renewable Energy Projects,” San Diego, CA, May 14, 2014
- “Assessing Storage Roles, Requirements and Procurements”, 7th Annual Storage Week, Santa Clara, CA 95054, February 12, 2014
- Moderator - "The Evolution of Debt Financing" Panel, Infocast Wind Power Finance & Investment Summit 2014, San Diego, CA, February 5, 2014
- Opening Keynote Plenary: “The Future Of The Industry: How Will The Dust Settle?”, 6th Annual Solar Power Generation (SPG USA 14), San Diego, CA, February 4, 2014
- “Market Trends in Renewable Energy Project M&A”, Renewable Energy Law Conference, San Diego, CA, January 23, 2014
- “Trends In Solar M&A” Webinar, with SunEdison, k Road Power, Renewable Energy Trust and Akin Gump, November 19, 2013
- “Financing Energy Storage Projects- Making a Market to Attract Investment”, Power-Gen International, Orlando, FL, November 12-14, 2013
- “Strategic Alliances”, Solar Power International Conference, Chicago, IL, October 23, 2013
- “Energy Storage & Financing: New Market Opportunity” Solar Power International, Chicago, IL, October 2013
- “Financing Vehicles for Tribal Energy & Telecommunication Projects”, NAFOA's 2013 Fall Finance & Tribal Economies Conference, Seattle, WA, September 9, 2013
- “Renewable Energy Investment, IRS Investment, Tax Credit and the Solar Opportunity”, (National Center for American Indian Enterprise Development), RES California, Temecula, California, June 18, 2013
- Moderator of Keynote Panel:” Obstacles to Scaling Storage Solutions: Cost and Corporate Strength of Solution Providers”, Infocast 6th Annual Storage Week 2013, Austin, Texas, April 4, 2013
- Speaker, “Deal Structuring: Current Options and New Directions – Panel Discussion, Finance”, Solar Power-Gen 2013 Conference, February 13-15, 2013, San Diego, CA
- Speaker, “Penetrating Niche Markets: Sports Teams, Nonprofits, Schools & Military”, PV America East Conference, February 5-7, 2013, Philadelphia, PA
- Moderator of CEO Panel, Solar Power Generation USA, January 15-16, 2013, Newport Beach, CA
- Speaker, Workshop: “Tribal Renewable Energy Solutions and Partnerships: Collaborating through the Headwinds of Change”, RETECH Conference, October 14-16, 2012, Washington, DC
- 2012 Fall Finance and Tribal Economies Conference, San Diego, CA, September 10-11, 2012
- Tribal Energy Panel, NAFOA Conference, New Orleans, LA, March 19-21, 2012
- Tribal Economic Development Conference, Native Nation Events, San Francisco, May 30-June 1, 2012.