John R. Kirkwood

John Kirkwood is the Chairperson of the Alternative Energy and Clean Tech Group, is a member and past Chairperson of the Public Finance Practice Group and is a member of the Municipal Law Practice Group. Mr. Kirkwood routinely provides tax and securities advice to clients including cities, towns, colleges and universities, school and fire districts, investment banks, commercial banks, nonprofit organizations, real estate development firms and manufacturers. Additionally, Mr. Kirkwood represents various nationally-recognized energy companies in the alternative energy industry, as well as senior lenders, junior lenders and equity providers for finance transactions in the alternative energy industry.  Mr. Kirkwood has represented ethanol, green diesel, green jet, waste-to-energy, hydroelectric, solar and other alternative energy developers and their investment banks in raising over $4 billion of equity and debt for the development of alternative energy facilities.

Representative Experience

• Served as underwriters’ counsel in connection with $1,100,000,000 of Revenue Bonds to finance acquisition of sewer and water utility.
• Served as underwriters’ counsel in connection with financing of modernization of hydroelectric dam and negotiation of investment grade PPA, as well as structuring grant anticipation note to bridge Section 1603 Grant.
• Represented investment bank in connection with $50,000,000 private placement of subordinate tax-exempt bonds for "double up" of existing 50,000,000 gallons per year dry grind Fagen-ICM ethanol plant to total capacity of 100,000,000 gallons per year.
• Serve as underwriter's counsel on $550,000,000 Waterworks Revenue Bond transaction to refund variable rate debt and unwind interest rate hedges.
• Represented investment bank in connection with $75,000,000 private placement of senior secured tax-exempt bonds for waste-to-energy project.
• Represented developer of 110,000,000 gallon Fagen-ICM dry grind ethanol plant in connection with $75,000,000 equity raise, $110,000,000 senior debt placement, $25,000,000 private placement of subordinate tax-exempt bonds and negotiation of contracts with all project vendors.
• Represented investment bank in connection with $65,000,000 private placement of senior secured tax-exempt debt for 100,000,000 gallons per year dry grind ethanol plant, as well as negotiation of investment grade ethanol sales "off-take" agreement.

Education

• Indiana University Robert H. McKinney School of Law in Indianapolis, Indiana (J.D., cum laude, 1979)
• Indiana University, Bloomington, Indiana (B.S., cum laude, 1976)

Bar Admissions

• Indiana, 1979

Professional Associations

• National Association of Bond Lawyers (Member)
• Indianapolis Bar Association (Member)
• Indiana State Bar Association - Governmental Practice Section (Member)
• NOBLE of Indiana, 2002 - Present (Past Chairman, Board of Directors)
• Richard G. Lugar Center for Renewable Energy (Chairman, Advisory Board of Directors)

Seminars and Presentations

• "Project Finance Opportunities, Structures and Credit Enhancement Mechanisms for the Advanced Biofuels Industry", Advanced Biofuels Leadership Conference, Washington DC, 2011
• Various presentations on the topic of preparation and delivery of opinions in securities transactions for the Indiana Continuing Legal Education Forum
• Annual speaker on economic development and financings in support thereof at the Northeast Indiana Regional Marketing Partnership Economic Development Forum
• Speaker at Indiana Economic Development Association Conference on topic of Alternative Energy
• Speaker on Tax Due Diligence Panel and 501(C)(3) Panel at National Association of Bond Lawyers Annual Conference
• Speaker at Renewable Energy Forum sponsored by the Richard G. Lugar Center for Renewable Energy

Publications

• "Legal Opinions in Securities Transactions", ICLEF