Power Projects
b) Advising a prestigious Independent Power Project (IPP) in relation to the acquisition of a hydel power project in Pakistan, which included the preparation of an extensive and detailed due diligence report covering all aspects of the target company, including share purchase and shareholders agreements, concession and project documents, material agreements and technical contracts (including regulatory approvals and permissions) and finance and security documents of senior lenders to the project.
c) Advising ABN AMRO Bank N.V. on the Bank’s participation in an IFC loan to Dewan Petroleum (Pvt.) Ltd. for the exploration project in the Safed Koh/ Salsabil fields. ABN’s participation is governed by a participation agreement in respect of the “B” Loan. Documents reviewed include, participation agreement, principal loan agreement, accounts agreement, project funds and share retention agreement, letters of hypothecation, subordination deed and various amendatory agreements.
d) Advising and review of documentation in respect of a wind power project, including property and lease documentation.
e) Engaged by Sui Southern Gas Company Limited (“SSGC”) to render legal advice and facilitate SSGC in the discussions leading to the finalization of an LNG (liquefied natural gas) Operation and Services Agreement to be executed between SSGC and Engro Elengy Terminal (Private) Limited (a subsidiary of Elengy Terminal Pakistan Limited (the selected bidder under the tender process in terms of the procurement laws of Pakistan) and an affiliate of Engro Corporation Limited) in respect of the operation and services pertaining to a fast track LNG import terminal to be located at Karachi (“Project”).
The LNG Operation and Services Agreement is pursuant to the LNG Policy of the Ministry of Petroleum and Natural Resources, Government of Pakistan. The Project is being developed to find a viable solution to the energy crisis being faced by Pakistan. This Project is the first FSRU (floating, storage and regasification) unit-based tolling arrangement in Pakistan and is expected to cater to approximately 20% of Pakistan’s energy requirements.
JSS & CO LLP has rendered legal advice to SSGC on the commercial, corporate and regulatory aspects of the LNG Operation and Services Agreement, which are consistent with international power projects and international best practices. JSS & CO LLP has successfully aided SSGC in finalizing the LNG Operation and Services Agreement for the Project. Documents reviewed by JSS & CO LLP included the request for proposal, the technical and financial proposals of the selected bidder, the LNG Operation and Services Agreement, confidentiality agreements, direct agreements, standby letters of credit, bid security and performance guarantee, consultancy agreements, options agreements and other ancillary agreements.
JSS & CO LLP offered comprehensive legal opinions on specific and general queries raised by SSGC in relation to the Public Procurement Rules, 2004 and assisted SSGC in negotiation with the counter party as its legal advisors
f) Advised a foreign law firm in relation to the acquisition of twenty percent (20%) shareholding by a Chinese company in a hydel power project in Pakistan, which included the preparation of an extensive and detailed due diligence report covering all aspects of the target company, including company related details, shareholding sturcutre, status of compliance with all laws, concession and project documents, material agreements and technical contracts (including regulatory approvals and permissions), land related documentation and preliminary financial documents in respect of the project.
g) Currently also advising and engaged by SSGC as their lead counsel for the establishing of the LNG 2 proposed terminal to be situated at Port Qasim