Kutak Rock has served as counsel in hundreds of higher education facility financings aggregating many billions of dollars. These transactions have financed the construction and equipping of academic and administrative buildings, laboratories, research centers, teaching hospitals, computing centers, student unions, on and off campus student housing projects, stadiums, arenas and campus energy utility systems. A broad range of financing structures were used in these transactions, from fixed and variable interest rate structures to financings involving swaps and forward placements.
Our attorneys have acted as bond counsel in financings of higher education facilities in many states. In one particular state, Kutak Rock serves as bond counsel to 10 of its 11 public institutions of higher education and as disclosure counsel for the twelfth. The firm has also served as special tax counsel and disclosure counsel for financings for a state land grant institution’s board of regents and a 400,000-plus square-foot biomedical research center with more than 50 laboratories.
In addition, Kutak Rock has served as bond counsel to higher education conduit issuers, including statewide cultural and educational finance authorities. We have also participated as underwriter’s counsel, disclosure counsel or special tax counsel in higher education facility financings of a Gulf Coast state’s public facilities authority, and the development finance authorities for two Midwestern states. The firm has also served as finance counsel to several 501(c)(3) colleges and universities.