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Mineral Financing

The firm has a very active mining finance practice. Davis Graham & Stubbs LLP attorneys represent both lenders and borrowers in traditional and non-traditional financing for mineral projects around the world, including projects in North, Central, and South America, Africa, Europe, Asia, and Australia. Our attorneys represent banks and mining companies involved in non-recourse project financing as well as institutional lenders, private equity investors, venture capital funds, and corporations in non-traditional financings which often involve gold loans, convertible loans, equity investments, warrants, royalties, streaming arrangements, and other more participatory involvement on the part of the lender. Our finance lawyers also have extensive experience in the work-out of troubled loans on mineral projects.

Our experience includes the following:

  • Representing traditional lenders in project financing for gold and silver mines, base metal mines, industrial mineral mines, coal mines, and royalty companies.
  • Representing mining companies obtaining project financing from financial institutions and investors for gold, silver, copper, cobalt, rare earths, platinum, palladium, and uranium mines.
  • Representing mining royalty companies on financings involving royalty acquisitions.
  • Representing private equity investors on multiple creative financings for mining companies involving the use of debt, equity, warrants, metal streaming, and royalties.
  • Representing mine operators in royalty financing and gold and silver streaming transactions.
  • Working with mining companies to establish their mineral offtake and other mineral sale agreements to support their financing and general corporate activities.
  • Designing transactions to ensure effective protection of lenders’ and investors’ security interests.

Representative experience

  • Represented a major private equity investor in debt and equity investments in exploration and operations stage mining companies around the world.
  • Represented a global gold mining company in obtaining financing for U.S. and South American project companies from a syndicate of lenders.
  • Represented a major private equity investor in several debt/equity financings of mining projects in the Western U.S.
  • Represented a borrower in a royalty financing transaction to fund further development of a gold project.
  • Served as U.S. counsel for the borrower in a streaming transaction to assist a gold mine in reaching commercial production.
  • Served as U.S. counsel for a Canadian publicly-traded company in a streaming transaction for a gold mine now in commercial production.
  • Served as U.S. counsel for a Canadian private equity company in streaming and royalty transactions for a copper mine.

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