ARTICLE
15 October 2021

Health Care Providers: Considerations With Green Bonds Issuance

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Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
As "Green Bond" designations become more prevalent in the public finance market, many health care providers are asking: Are Green Bonds Right for Me? Not all transactions are able to achieve designation as...
United States Food, Drugs, Healthcare, Life Sciences
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As “Green Bond” designations become more prevalent in the public finance market, many health care providers are asking: Are Green Bonds Right for Me?  Not all transactions are able to achieve designation as Green Bonds, because the need to finance particular assets —  or refund them —  may extend to assets that do not meet the requirements for designation.  However, there are a few considerations:

  • Without respect to any pricing benefit, bonds designated as Green Bonds may help to advance the sustainability goals of a health system's Environmental, Social, and Corporate Governance program.
  • Bankers seem to be divided on whether there is a pricing benefit to issuing Green Bonds – although the market for Green Bonds is not yet mature.
  • At present, the taxable market seems to be providing better pricing for Green Bonds, although your investment banker or financial advisor should be able to quantify the pricing benefits.
  • More funds and investors are also looking at Green Bonds as a means to accomplish internal ESG program, which is leading to a more diverse base of investors and the creation of new funds willing to invest in Green Bonds.  This argues for an increased pricing benefit going forward.
  • Health care providers that issue Green Bonds need to be aware of four core components of the Green Bond Principles as published and administered by the International Capital Markets Association (ICMA).  In June 2021, the ICMA issued its updated Green Bond Principles:  Voluntary Process Guidelines for Issuing Green Bonds.
    • Use of Proceeds —  may require 100% of the projects be eligible in order to designate bonds as “Green Bonds;” noting that there is some difference of opinion around this point and will be a topic for discussion in your transaction;
    • Process for Project Evaluation and Selection;
    • Management of Proceeds; and
    • Reporting;
      • Issuers should make, and keep, readily available up to date information on the use of proceeds to be renewed annually until full allocation.
      • The annual report should include a list of the projects to which Green Bond proceeds have been allocated.
      • Transparency is key: issuers should consider including the use of qualitative performance indicators and, where feasible, quantitative performance measures
      • Templates provided through ICMA.

Green bonds are an exciting new area for many health care providers and certainly should be discussed as part of the planning for both tax-exempt and taxable financings, especially for those transactions involving new building projects.  We anticipate Green Bonds are here to stay for the near future.  Whether Green Bonds become a permanent fixture on the tax-exempt scene is yet to be known.  But with the market's focus on ESG, Green Bonds have an exciting future.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
15 October 2021

Health Care Providers: Considerations With Green Bonds Issuance

United States Food, Drugs, Healthcare, Life Sciences

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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