Prem N. Malali

Partner - New York

Prem Malali
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Contact Information

646.927.5505

646.927.5599

pmalali@foleyhoag.com Download vCard
Prem Malali is a partner in Foley Hoag's Energy & Cleantech group, resident in New York. As a project finance lawyer who specializes in renewable energy, Prem represents developers, lenders, financial institutions and equity investors with regards to the development, construction, financing and transfer of numerous energy and other infrastructure projects, including hydroelectric, thermal energy, toll roads and highways, factories and port infrastructure. His experience also includes fossil fuel, battery storage, hydro, wind and solar projects. Prem has represented buyers and sellers of power projects in the context of negotiated sales and competitive auctions, and served as lead counsel to the U.S. Department of Energy in connection with multi-million dollar high profile power plant financings.

Education:

  • University of Pennsylvania Law School, J.D.
  • Johns Hopkins University, M.S., Engineering
  • Bangalore University, B.S., Engineering

Representative Experience

Project Development and Financing

  • Represent Silicon Ranch in connection with the development and financing of the 40MW solar PV Facility in Social Circle, Georgia.
  • Represent Silicon Ranch in connection with the development and financing of the 30MW solar PV Facility in Hazlehurst, Georgia.
  • Represent Silicon Ranch in connection with the development and financing on the 30MW solar PV Facility in Camden, Arkansas.
  • Represent lead bank in connection with construction financing of a 20 MW solar project in North Carolina.
  • Represent developer in connection with the development and financing of the 270MW gas fired electric generation facility in Agawam, Massachusetts.
  • Represent developer in connection with the development and financing of the 540MW gas fired electric generation facility in Milford, Connecticut.
  • Represent developer in connection with the development, financing and refinancing of the 500 MW Astoria gas fired electric generation facility in Queens, New York.
  • Represent US DOE LPO in connection with the financing of a 20 MW flywheel storage facility in upstate New York (Beacon).
  • Represent US DOE LPO in connection with the financing of a 20 MW battery storage facility in upstate New York (AES Energy Storage).
  • Represent US DOE LPO in connection with the financing of a solar panel manufacturing facility in Colorado and Indiana.
  • Represent US DOE LPO in connection with the financing of a activated carbon manufacturing facility in Louisiana.
  • Represent the lead bank in connection with the financing of a glass container manufacturing facility in the State of Washington.
  • Represent an investment bank in connection with the tax-exempt bond financing of a biomass facility in upstate New York.
  • Represent the lead underwriter in connection with the tax-exempt bond financing of an MDF manufacturing facility in California.
  • Represent various developers in connection with the development and financing of utility scale solar projects in India.
  • Represent Fort Point Power LLC (subsidiary of ArcLight) as issuer of Senior Secured Notes in a 4(2) private placement transaction. This was a holdco financing secured by cash flows from 8 power plants each of which had project financing at the project level.
  • Represent MSW Energy Holdings LLC (subsidiary of Credit Suisse) as issuer of Senior Secured Notes in a 144A private placement transaction. This was a holdco financing secured by cash flows from 6 waste to energy facilities each of which had project financing at the project level.

EPC Contracting

  • Represent EPC contractors and owners in connection with construction contracts for various utility scale energy projects in the USA.
  • Represent Ports America in connection with the procurement and contracting of heavy duty port equipment.

Mergers & Acquisitions

  •  Represent Harbert and CalPERS in connection with their bid for the equity interests of CPV Sentinel in California.
  • Represent CalPERS in connection with its bid for a portfolio of power generation facilities in California.
  • Represent Air Products in connection with the sale of its portfolio of power generation facilities.
  • Represent buyer in connection with the acquisition of equity interests in six waste to energy facilities located in the USA.
  • Represent acquirer of two waste to energy facilities in USA.
  • Represent ArcLight in connection with the acquisition of minority interests in eight power generation facilities located in the USA.
  • Represent ArcLight in connection with the acquisition of a power generation facility located in Guam.
  • Represent EIF in connection with the sale of interests in various assets including a wastewater treatment facility.
  • Represent EIF in connection with the sale of a portfolio of hydroelectric facilities.
  • Represent InfraRed in connection with its bid to acquire 50% of the equity interests in Pocahontas Parkway.

Asset Management

  • Represent EIF in connection with the asset management of a portfolio of hydroelectric facilities.
  • Represent EIF in connection with the restructuring of a hydro-electric facility in Virginia.
  • Represent the general partner of various partnerships that owned commercial real estate buildings in connection with disposition of ownership interest as well as refinancing the debt on such buildings.
  • Represent tax equity banks in connection with the financing, acquisition and disposition of equipment (including aircraft, rolling stock and automobiles).

Power Purchase Agreements

  • Represent various power generators in connection with the negotiation of power purchase agreements with off-takers.
  • "Small & Mid-Size Solar Project Development & Finance,” Renewable Energy Markets 2017 (October 2017)
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  • New York
  • Massachusetts