Περιγραφή της προμήθειας
Preparatory Phase
(a) Review and assess all available historical data, information, reports, studies and legal documentation in connection with the motorway and the Transaction. Review and assess the legal and regulatory framework applicable on the motorway, including the existing concession contract between the HR and ATTIKI ODOS SA (ratified by Law 2445/1996 -GG 274/A/1996).
(b) Review and assess the existing contracts of ATTIKI ODOS SA and ATTIKES DIADROMES SA, as well as any ongoing tender procedures launched by the latter in connection with the Motorway and its operation and/or lease and/or sub-lease and/or commercial contracts and miscellaneous agreements in connection with the Motorway and its operation, any relevant litigation, claims, etc.
(c) Review and evaluate the current legal status of HRADF’s asset from EU and Greek law perspective. Review, the ownership status of the motorway and assess any encumbrances and/or claims in connection with the motorway and/or its proceeds.
(d) Provide legal advice to HRADF and/or the HR in relation to the design and adoption of a toll system and a toll policy for the motorway, including the elaboration of all required documentation.
(e) Perform a comprehensive review and assessment, from a Greek and EU legal and regulatory perspective (including any environmental matters), of the strategic and structural options available to HRADF with respect to the structuring of the Transaction and any critical issues in connection thereto; submit a relevant legal recommendation to HRADF’s BoD and Council of Experts as to the optimal form of transaction;
(f) Assist in the complication, verification and update of any information and/or (traffic or financial) model and/or analysis required;
(g) Provide legal advice on all preparatory actions and prepare legal opinions and supporting memos to HRADF.
Implementation phase
(a) Provide written recommendations in relation to the Project, containing inter allia alternative options available and the optimal approach recommended by the Advisors from strategic, business, financial, operational and legal perspective, in relation to the implementation of the Project and the Transaction;
(b) Provide legal support to HRADF in connection with the preparation, coordination and performance of all the required actions and procedures for the tender process for the award of the Project, including but not limited to elaboration of a VDD report (if required), legal support in the organisation and management of a VDR for the performance of a legal, financial and technical due diligence process on the Project, preparation and presentation of legal recommendations and opinions to HRADF’s BoD and Council of Experts relating to the approval of the process for the implementation of the Project and the Transaction;
(c) Prepare all tender and contractual documents for the implementation of the Project and the Transaction, including, inter alia, invitations for expression of interest, requests for binding offers, process letters, confidentiality agreements, draft concession contracts, miscellaneous related agreements, announcements, clarifications, filings and any other legal document(s) required;
(d) Review and assess the comments and suggestions of candidate investors and/or third parties and submit relevant legal opinions and recommendations to HRADF’s BoD and Council of Experts.
(e) Provide legal support in connection with any obligations towards Greek and/or EU authorities and supervisory bodies.
(f) Assist in receiving any approval required from any competent EU or state authority and/or body.
(g) Assist in the preparation of the file to be submitted to the Court of Audit prior to the conclusion of the Transaction in accordance with art 9 para 4 of law 3986/2011.
(h) Prepare and present to HRADF’s BoD and Council of Experts legal recommendations and opinions in relation to each individual step of the Transaction up to its closing.
(i) Provide any other legal assistance and service required.