David Rogers

Practice Areas

David’s practice focuses on helping clients find and implement public finance, project finance, and structured finance solutions. His experience includes acting as bond counsel for national, state and local issuers; and representation of borrowers, underwriters, placement agents, and bond purchasers, in traditional infrastructure finance, P3 and structured finance, economic development finance, health care finance, and energy and PACE (property assessed clean energy) finance transactions. He also represents and advises issuers and bankers in transactions using monetizations, securitizations and derivatives to enhance existing revenue streams. His P3 experience includes representing both public asset owners and private lessee concessionaires in both public-private DBFOM partnerships and P3 structures funded with tax-exempt bonds.

He has served as counsel on advanced energy facilities, shopping centers, office buildings, stadiums, arenas, hotel facilities, housing, private activity, hospital, 501(c)(3), education and quasi-governmental facilities. He has also helped structure finance and corporate finance transactions, including CMBS, credit tenant leases, bond securitizations, secondary market transactions and governmental synthetic leases.

He recently led the team of Public Finance Practice Group attorneys that acted as special counsel to UAkronPark Inc., the Concessionaire in an innovative 35-year Public Private Partnership (P3) transaction funded with debt, monetizing the University of Akron’s parking system. In that transaction, the Development Finance Authority of Summit County issued $86,265,000 in principal amount of tax-exempt bonds underwritten by KeyBanc Capital Markets, generating over $85 million of gross proceeds, and providing for a payment to the University in excess of $55 million, plus on-going annual excess fee revenue each year. Frost Brown Todd also acted as underwriter’s counsel to KeyBanc and assisted bond counsel in drafting documents to conform to the KeyBanc deal structure. UAkronPark provided a complete mobility concession covering all parking system assets and mobility options at the University’s main campus. UAkronPark in turn hired Diogenes Capital as its Asset Manager and SP+ Corporation as its Operator. This transaction was modeled on – but contained improvements in bondholder security from – the University of Toledo’s parking system P3 financing, also structured by KeyBanc and with Diogenes and SP+ in the same roles, that closed in 2021. Frost Brown Todd was Bond Counsel as well as special counsel to the concessionaire.

David works with the team of attorneys at Frost Brown Todd representing Franklin County, Ohio, as bond counsel, including with respect to its 2018 $250,000,000 double AAA/Aaa tax-exempt sales tax bond issue – the first municipal sales tax issue in the US rated that high. In addition, he helped lead the team of attorneys representing the County as one of the primary governmental entities (i) funding the new 500-room expansion to the Hilton Headquarters Hotel owned by the Franklin County Convention Facilities Authority and (ii) funding the new $325 million stadium for the Columbus Crew of the MLS owned by the Confluence Community Authority. He is currently working as part of the firm’s team of attorneys representing the State of Ohio’s Department of Transportation on the $2.8 billion multi-state project to rebuild and replace the I-71/I-75 Brent Spence Bridge in Cincinnati, Ohio.