Notable experiences include:
Local Counsel to banks in connection with a revolving credit facility and a high-yield bond offering, guaranteed by the parent company’s entities, including The Gambia, and secured by collateral across multiple jurisdictions where the subsidiaries operate.
Transaction adviser on a Construction and facility agreement for a healthcare facility in The Gambia, acting on behalf of the contractor who is pre financing the construction; guaranteed by an irrevocable Standby Letter of Credit on completion of the project by African Export-Import Bank.
Transaction adviser on a Credit Supply Agreement between Local Company and International Company Limited and and a Third Party Legal Mortgage between shareholders, guarantors and lenders.
Local Counsel working with Norton Rose Fulbright London, in advising lender Export Development Canada on an additional facility lender to syndicated lenders for Parent Company of a local GSM company. Carrying out due diligence, reviewing Facility Agreement, Ascension Deed; ensuring that agreements are in line with local Laws. and sufficiency of various security agreements.
Acted as Local Counsel to the Public–Private Partnership (PPP) Framework Consultant and Transaction Adviser, MTBS, in the procurement process for identifying a private partner for the rehabilitation and operation of the Banjul Port, and subsequently, the development of a deep-sea port in Sanyang by Albayrak. Conducted a comprehensive legal review of the Request for Proposals to ensure compliance with Gambian procurement laws and provided continuous legal support during the evaluation of proposals. Provided legal expertise during negotiations, and drafting of the concession agreement and other related documents, including the shareholders’ agreement. Following the signing of the project in July 2024, we continue to provide legal support on the satisfaction of preconditions and execution of ancillary agreements, leading up to the close of the pre-construction phase for the Sanyang Port development.
Local Counsel to consortium for the Support the Development of a 150 MWP Regional Solar Park for the Government of The Gambia. Advising on development and procurement process and amendment of regulations if required. Preliminary review of the applicable laws relating to renewable energy, tax laws and legal and institutional framework relative to PPPs in The Gambia, specifically as it relates to the project.
Acted as Local Counsel to the PPP Framework Consultant and Transaction Adviser for GPA on assessing the applicability of a public–private partnership for the development and expansion of the Port of Banjul. Conducted a preliminary review of the legal, regulatory, and institutional framework for PPPs in The Gambia, specifically focusing on ports privatization and expansion. Following this review, the project was terminated.
The borrower obtained financing from Mauritius Commercial Bank Limited for its power vessels to supply electricity in The Gambia and Sierra Leone. The Security package as envisaged was Corporate Guarantee of a parent company incorporated in Malta: a mortgage, share pledge, assignments of receivables and assignments of insurance. As transactional Counsel providing general advice and assistance on Gambia and Sierra Leone law matters in respect of the finance documents and the relevant project Documents including the PPA, liaising with any competent authority, drafting, reviewing and providing all assistance in the negotiation of the local law security documents and perfection. Identifying any necessary consents, approvals, registration or permits which may be required in connection with the transaction and the finance! documents. Drafting of assignment of receivables and issuing a legal opinion on its enforceability.
Local Counsel transaction adviser working with Lovells Hogan USA, for OPIC/DFC and various lenders for the expansion and restructuring and refinancing of the US$200 Million facility to Parent Company with subsidiaries in 6 countries including the Gambia. Carrying out due diligence, on Amended and Restated Facility Agreement / Common Terms Agreement/ Guaranties and ensuring that they are in line with local Laws. Drafting of various Security agreements and post Closing obligations.
Legal adviser for the project bidding process for the Trans-Gambia Bridge project funded by the ADB as a grant to the Gambia Government. The contract for the construction of a bridge in a period of 36 months at a price of Euros 51.7 Million. Adviser for one of the parties in the joint venture during the negotiations and thereafter, project implementation and carrying general advice of all matters relating to the project and execution of the JVA including restructuring following the liquidation of one of the Joint Venturer, Corsan Coviam, and Arezki SA completing the project. Advice and drafting of amendments to the contract including additional road construction and Toll system.
Local transaction counsel in the potential acquisition of the LNG marketing and sales business of a multinational company’s African entity with presence in The Gambia. The firm’s assistance included conducting a due diligence and advising on the prudential viability, cost mapping, corporate benefit analysis, regulatory and tax implications of the acquisition. This included advising on and investigating the local entity’s corporate structure, policies and governance on all levels.
Acting as legal advisors to the NCP on various matters across a range of sectors Activities performed include advising the twenty-year lease of the Sierra Leone Ports with Bollore S.A in 2010. This involved extensive negotiations with both the investor and local stakeholders including labour, drafting of agreements, taxes and incentives in accordance with existing legislations, reviewing existing legislation relating to the Ports and advising on the proposed amended legislation based on the changes introduced by the new process and agreement. Negotiations and drafting of the legal agreement for a 21-year concession BOT concession of a multi product loading and off loading Hydrocarbon Jetty (Kissy Oil Jetty) between the Government of Sierra Leone and Oryx S.A. This involved working with the technical experts, financial analysts and other key government stakeholders to ensure the contractual, legal. legislative, tax and incentive issues were incorporated