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HINKS: The challenge is the ability of the generators and distributors to provide large-scale equity and debt for the rehabilitation work.
The acquisition of the assets was generally financed by the Nigerian commercial banking sector but Nigeria needs international development finance institutions DFIs , export credit agencies ECAs and private equity to get involved so that the owners of these assets can push forward with development.
Many have adopted a wait-and-see approach and some are expecting some sort of shakeout, with deals coming onto the table if assets become distressed.
This approach is not helping Nigeria. However, the IMF discourages governments from issuing such guarantees for private sector investments.
Investments will be limited until African power utilities have a strong payment track record, allowing DFIs to provide funding without guarantees.
This may well be the single biggest obstacle to powering Africa. When Nigeria builds a track record as a trusted counter party, the need for guarantees will be obviated.
As privatisation is new, many developers and most financial institutions will require sovereign guarantees or another instrument that will provide adequate security.
Nigeria is not prepared to issue sovereign guarantees and they are developing other ways of satisfying lenders, such as the inclusion of put and call options in PPAs.
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All 40 Countries. Nigeria Energy Interview View in online reader. Interview: Paul Hinks How can international firms best leverage the opportunities offered by the Power Africa initiative?
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Get your free PDF by completing the following form. Again, Chakwera has strong grounds on which to encourage its growth, with the substantiated rule of law and judicial independence demonstrated during the election enabling him to reach out, realistically, to others with the funds and expertise to rapidly develop this sector.
He has already begun to encourage South African farmers who are under pressure from rising incidents of farm invasions and rule of law in their own country, to look north and consider Malawi.
Yet perhaps the real challenge Chakwera and his new administration face now is looking ahead to the long: how to build a new Malawi that is void of the past and ingrained abuses of power.
In his acceptance speech, the President called for an end to tribal nepotism and corruption. But then so have many when first elected.
Yet he also outlined how he would, immediately, be legislating to reduce the scope of his own presidential powers — as well as instituting by law greater transparency and parliamentary accountability and scrutiny for the executive.
Few can deny that Chakwera has made the most rapid and successful of starts. Sanctions may include payment of the other party's reasonable expenses incurred because of having to file a motion for sanctions, including attorney's fees.
White v. GMC , F. Nevertheless, "[w]here a court sanctions a recalcitrant party for his abuse of process by an award of fees and costs," the Court must use sound principles to govern its award of fees and costs.
See Farmer , F. First, the amount of fees and costs awarded must be reasonable. Second, the award must be the minimum amount reasonably necessary to deter the undesirable behavior.
And third, because the principal purpose of punitive sanctions is deterrence, the offender's ability to pay must be considered. Depending on the circumstances, the court may consider other factors as well, including the extent to which bad faith, if any, contributed to the abusive conduct.
There are two elements to the reasonableness inquiry: first, whether the attorney has exercised billing judgment and deleted excessive, unnecessary, or redundant fees from his or her fee application, and second, whether the fee award is reasonable in light of the success obtained.
See Hensley v. Eckerhart , U. Generally, the starting point for determining the reasonable amount of attorney's fees is to calculate the number of hours reasonably expended and to multiply that number by a reasonable hourly rate the "loadstar" amount.
See Robinson v. City of Edmond , F. The Court has an obligation to exclude hours not "reasonably expended" from the loadstar calculation.
Malloy v. Monahan , 73 F. In support of its application for fees, Symbion submitted the affidavit of Stephen Hamilton, the attorney of record in this case, and a declaration of R.
Scott Greathead. Greathead is Symbion's outside counsel and is licensed to practice law in New York.
Greathead is not licensed in New Mexico, however, and has not entered an appearance in this case. The Court will only allow fees from the attorneys and the associates in their firm who have entered an appearance in the case.
Greathead has not participated as counsel of record in this case, and Mr. Wilson could not have anticipated that he would be responsible for paying Mr.
Greathead's fees as a sanction. In the Court's view, Mr. Greathead's role as corporate counsel to Symbion makes him more akin to the client, rather than the attorney litigating this case.
Therefore, I will not include Mr. Greathead's fees as part of the sanction against Mr. Defendants argue that "[p]laintiff has cited no authority that bars Defendants from seeking an award of reasonable fees incurred for Mr.
Greathead's services. Conversely, defendants have not submitted any legal authority that they are entitled to fees for Mr.
Greathead's services although he has not entered an appearance in this case. The Court has not found any such authority. Hamilton, however, is counsel of record.
He spentCo-Founder and Chief Executive Officer of Symbion Power, Paul Hinks is the driving force behind the company. He has spent the past 39 years working in the power sector and for much of that period, has managed projects in Africa. Paul Hinks' Reputation Profile. Edit Profile. Review. Lock. Message. Court Records found View. Criminal or Civil Court records found on Paul's Background Report. More about Paul Hinks Paul is the replacement of Freddie Williams within the PDC. He gets a lot of trust from the PDC. And rightfully so because Paul has got a very clear voice and hardly makes any mistakes. By Paul Hinks Chairs Invest Africa US and is CEO and founder of Symbion Power. Your cart is empty. Go to Shop. © Paul Hinks Art Paul Hinks Art Paul Hinks Art. K likes. This page showcases the pastel work of fine artist Paul Hinks5/5(3). 14 rows · Paul is the replacement of Freddie Williams within the PDC. He gets a lot of trust from the . 11/30/ · By Paul Hinks. Chairs Invest Africa US and is CEO and founder of Symbion Power. Posted on Monday, 30 November , updated on Tuesday, 1 December Malawi's newly elected President Lazarus Chakwera greets supporters after being sworn in in Lilongwe, Malawi, Sunday, June 28 (AP Photo/Thoko Chikondi).