The government agency when exercising its step in right is not normally an agent of the sponsor. The obvious consequence of an interruption of cashflow is that the financiers will not have a source of revenue through which to repay their debt. To identify any mismatching of risks, matrices of the risks inherent in each project document should be prepared and any mismatching of risks corrected. The challenge for the Government and project sponsors will be to maintain access to sufficient liquidity in the face of the funding gap, while ensuring costs remain within a budget that enables the project to be economic. The Agreement will need to cover matters such as operating procedures, maintenance of the Facility including major overhauls and outages , performance levels, reporting requirements to the sponsor and to the Government agency, maintenance of the continuing contractual relationship with the Government agency and with utility suppliers on behalf of the sponsor, and compliance with operational requirements imposed under the documentary regime for example, compliance with environmental controls imposed on the project.
To the extent that the force majeure risk is taken by the construction company, it is likely its price will increase to take that risk into account. Now there's lots of things, of course, that meet that criteria. Mismatching of risks will then need to be corrected. Financiers and other interested parties are becoming more aware of the issues involved in long term leases. The financiers' interest in core contracts extends through until the repayment of the bank debt. A listing of privately funded infrastructure projects completed and proposed in Australia over the last few years is attached at the end of this paper.
For Oman, this may mean increased competition for more expensive financing. It is also likely that it will be liable for liquidated damages for the delay caused by the construction company. The engineering and construction contractor will carry out the detailed engineering design of the project, procure all the equipment and materials necessary, and then construct to deliver a functioning facility or asset to their clients. Lastly, this facility provides a path to realizing our often-stated goal to drive growth for recurring revenues. The question is then who should benefit and in what priority for the liquidated damages? Operation and Maintenance Contractor The operator will be expected to sign a long term contract with the sponsor for the operation and maintenance of the facility.
Again the operator may also inject equity into the project. However, financing may also be provided in the form of a project bond structure, or the loan may be a mini-term structure. We can now divide up the various roles of the parties. But I just want to come back and mention - there are plenty of cases where private provision is desirable. Innovations made in other financial disciplines, such as leasing, insurance and derivatives-based financial risk management, have been applied quickly to project financing in Oman and such innovations have been found to be enforceable as a matter of Omani law. In particular, the sponsor will typically require the Operator to advise, prior to acceptance testing of the Facility as to the necessary staffing levels, work programs, organisational matters, and other administrative functions necessary to be put into place upon acceptance and hand over of the Facility by the sponsor to the Operator. The sponsor may take the form of a company, a partnership, a limited partnership, a unit trust or an unincorporated joint venture.
It's chosen solely in terms of financial packaging. During that time, the developer charges customers who use the infrastructure that's been built to realize a profit. Led by world-leading faculty Professor Karl Lins you learn how project and infrastructure finance provides a significant opportunity to both lenders looking for diversified earnings and corporates looking for overseas returns. Of one thing we can be certain: the Omani Government cannot afford to allow its ambitious expansion plans to be derailed. At the end of the day, the project is handed back over to the government.
The construction company is in its hands for progress payments under the construction contract. Clearly the later int he construction phase that the default and termination occurs the greater the financiers' risk. Islamic finance lends itself more to projects that incorporate a discrete set of assets that can be owned by the Islamic financiers without too much potential intrusion on the enjoyment of such rights by conventional banks under intercreditor arrangements. The borrower is typically obliged to reimburse to the Islamic financiers the aggregate of phase payments it has received prior to enforcement and is often also obliged to pay liquidated damages as described above. The contractor is responsible for ensuring the project operates without an issue and is responsible for undertaking any maintenance should issues arise.
Briefly, its options are to absorb the risk, lay off the risk with third parties, such as insurers, or allocate the risk among contractors and lenders. You may opt-out at any time. The contractor undertakes responsibility for constructing the asset and is expected to build the project on time, within budget and according to a clear specification and to warrant that the asset will perform its design function. In fact, it is likely that default under one project document for example, the design and construction contract will trigger default under the other documents for example, the offtake agreement. Further, officers of the government agency may be seen to be involved in the management of the sponsor, with the potential exposure to liability under the Corporations Law as de facto directors where the sponsor is insolvent. Framework A framework is an agreement with suppliers to establish terms governing contracts that may be awarded during the life of the agreement.
Other parties are involved in an infrastructure project. Multi Contract Common place in wind farms where the project will be split into distinct packages, E. This is due to the scale of the investment and the cost-efficiency of debt when available at proper rates and conditions. This process may also be built into more traditional tendering processes. The benefit of issuing sukuk bonds is that the deal can be offered to both conventional and Islamic banking sectors so there is more diversity in funding sources. The Government's obligation, in relation to construction of the Facility, is to buy the product on completion not to pay the Construction cost. Mainly it has gained attention with the growth in privately financed infrastructure projects in the developing world.