Negotiating the exit from a Joint Operating Agreement

Negotiating the exit from a Joint Operating Agreement

The firm advised the subsidiary of a French group, specialised in the distribution of petroleum products, in the context of the exit of a competitor from a joint operating agreement relating to a petroleum products terminal in Haiti.  This exit took the form of a two-stage buyout of the competitor’s rights in the Joint Operating Agreement, as well as its title to related plant, equipment and land.  This purchase, which enabled the purchaser to secure control of the terminal and accelerate investments, included the parallel negotiation of a throughput contract for the benefit of the outgoing partner.