Issuer’s Counsel

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Kutak Rock has served as issuer’s counsel to hundreds of state and local governmental units relating to bond financings. Our attorneys are well versed in all major legal aspects of such financings and are able to render advice on maximizing the benefits to the issuer and protecting the issuer from liability. As issuer’s counsel we have rendered opinions as to the validity of the organization of the issuer, its governmental power to enter into financing transactions, the incumbency of its officials, the due authorization, execution and enforceability of the financing documents to which an issuer is a party, pending litigation (or the absence thereof) and the absence of conflicts between the financing documents and other issuer contracts. We advise issuers on disclosure and securities matters in connection with their public financings and assist in ensuring post-issuance compliance and drafting legislation.

Our firm’s role as issuer’s counsel encompasses rendering legal advice on matters that do not include the sale of debt obligations. We routinely advise issuers on a variety of day-to-day administrative issues, such as rules and regulations, open meetings laws, employment matters, real estate issues and real property and sales tax exemption issues. We also apprise issuers of federal and state legal developments that can affect an issuer’s debt financings. The diversity of Kutak Rock’s practice areas  allows our attorneys to represent issuers with respect to a wide range of matters, including securities laws, contracts, real estate, litigation and bankruptcy.