Representative Engagements

Harrington Vitale & Bernardo’s lawyers have been involved in the issuance of tax-exempt and taxable securities totaling in excess of $30 billion.  Below is a brief representation of the firm’s broad expertise:

Bond Counsel

  • Bond counsel to the State of Rhode Island for its issuance of $221,150,000 of General Obligation Bonds. The issuance included three series of bonds, two of which were tax-exempt and the third federally taxable. The taxable series was competitively sold, and the tax-exempt bonds were sold through a negotiated sale and issued in minimum denominations of $1,000 to allow for greater retail investment. The bonds provided financing for numerous projects within the State, including $70,000,000 for school construction. The issuance also included a tax-exempt advance refunding of $80,000,000 in outstanding taxable, direct payment tax credit Recovery Zone Economic Development Bonds, which resulted in over $6.7 million in debt service savings for the State.

  • Represented a city in the issuance of $105,000,000 in General Obligation Bonds and Notes to finance various municipal projects, including school construction and road, sidewalk, and drainage projects.

  • Bond counsel for the issuance of $200,000,000 in Tax-Exempt Commercial Paper Notes on behalf of a private university to finance capital improvements on the university’s campus, including the construction of a new facility to house state-of-the-art research labs and workspace.

  • Bond counsel for the issuance of $102,160,000 in Public Schools Revenue Bonds for a town’s school construction projects, including the construction of three elementary schools, the renovation of two middle schools and the construction of new administrative offices. The bonds were issued with bond insurance to achieve a lower cost of debt service for the town.

Special Tax Counsel

  • The remediation and preservation of the tax-exempt status of revenue bonds for a hospital system obligor following the sale of certain bond-financed assets. The remedial action was undertaken pursuant to Treasury Regulations Section 1.142-12(e) through the alternative use of disposition proceeds and involved extensive tax advice and careful structuring to ensure that the sale of assets and the use of the proceeds thereof did not jeopardize the tax-exempt status of the bonds. 

  • Conducted an in-depth tax analysis and calculation of private use of property on a state university campus, which facilities were financed with multiple new money and refunding issues of tax-exempt bonds. 

Disclosure Counsel

  • Acted as disclosure counsel for a city’s issuance of $5,600,000 in General Obligation Bonds and $85,000,000 in General Obligation Notes

Underwriter’s Counsel

  • Represented the underwriters in the issuance of $123,915,000 in Grant Anticipation (GARVEE) Bonds on behalf of the Rhode Island Department of Transportation. The bonds were issued in anticipation of the receipt by RIDOT of federal aid revenues for qualified transportation projects.

  • Represented the Underwriter in the issuance of $40,330,000 in Airport Revenue Bonds, which financed various capital projects at T.F. Green Airport and Quonset Airport, including a runway extension and replacement of navigational and other equipment.

  • Represented the underwriters in the issuance of $44,850,000 in Tax-Exempt Higher Education Facility Revenue Bonds issued on behalf of a private college, and $40,340,000 in Taxable Bonds issued directly by the college. The Tax-Exempt Bonds were issued in two series, one of which was sold pursuant to a forward delivery bond purchase agreement, under which this series of bonds was sold simultaneously with the other series, but delivered two months later, when prior bonds could be refunded on a current basis.   

Borrower’s Counsel

  • Represented a state university in connection with $210,850,000 in Student Housing Revenue Bonds issued as part of a public-private partnership for the construction of three student housing facilities to accommodate over 1,000 students.

  • Represented a private K-12 school as the borrower in connection with a $5,000,000 Educational Facilities Revenue Bond transaction, which primarily financed construction of a new performing arts center. We also provided advice in crafting post-issuance tax compliance procedures for the school.

  • Represented a private university as the borrower in connection with a $36,000,000 Higher Education Facility Revenue Bond transaction, which financed various construction projects on campus. We also provided advice in crafting post-issuance tax compliance procedures for the university. 

Issuer’s Counsel

  • Represented the Rhode Island Infrastructure Bank in connection with the issuance of the Bank’s $70,680,000 state Revolving Fund Revenue Bonds, Series 2025A which financed drinking water and wastewater infrastructure projects around the state.

  • Represented the Rhode Island Student Loan Authority in the issuance of $125,000,000 Education Loan Revenue Bonds to provide capital for underlying loans to eligible borrowers to finance higher education costs.

  • Represented the bank purchaser of $72,000,000 General Obligation Bond and Grant Anticipation Notes, issued by a Connecticut municipality.

  • Served as bank counsel in connection with the purchase of bonds issued on behalf of a community health center, which included the refinancing of a prior New Market Tax Credit financing.

  • Represented the bank purchaser of $26,750,000 in Direct Loan Project Notes issued by a Pennsylvania university.

Bank Counsel