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Renewable Energy Project Financing: Legal Strategies for Structuring the Deal

Navigating Financial Incentives, Sources of Capital, Debt and Equity Structures

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, September 14, 2023

Recorded event now available

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This CLE course will provide resources for sponsors and financing parties of renewable energy projects regarding the available incentives, financing sources, and structures associated with financing renewable energy projects. The panel will offer their insights and perspectives on financing renewable energy projects.

Description

Finding the right financial structure for renewable energy development is complex. Viable alternatives to traditional power purchase agreements as the basis for financing renewable energy projects continue to evolve, enabling alternative financing options for project developers and sponsors.

In light of recent changes in law prompted by the Inflation Reduction Act, an increasing variety of funding sources exist for municipalities, private developers, and corporations interested in financing renewable energy projects. However, securing the necessary capital remains challenging.

As new financing products and deal structures evolve and existing products change to meet the significant growth in renewable energy development, additional pressure is being placed on the demand for capital. Counsel to sponsors, developers, and investors must understand the markets and tools available to leverage financing trends to their advantage.

Listen as our authoritative panel of energy attorneys examines the financing of renewable energy projects, reviews financial incentives available, discusses sources of capital and debt and equity structures, and offers best practices for financing renewable energy.

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Outline

  1. Financeability of the renewable energy project: critical issues
    1. Regulatory scheme
    2. Permitting and land use
    3. Risk
    4. Revenue
    5. Potential litigation
  2. Financial incentives
    1. Revenue streams
    2. Subsidies: direct and indirect
    3. Department of Energy/USDA loan guarantees
  3. Sources of capital
    1. Sources of debt for development
    2. Sources of sponsor and tax equity
  4. Debt and equity structures
    1. Debt financing structures: project-level or back-leverage
    2. Equity financing: sponsor equity and tax equity players and limitations
    3. Impact of recent and possible future tax law changes
  5. Best practices for financing renewable energy

Benefits

The panel will review these and other relevant issues:

  • What are the critical issues in evaluating the financing options available for a renewable energy project?
  • What are the key issues impacting the bankability of projects?
  • What financial incentives are available to investors in renewable energy projects, including changes from the Inflation Reduction Act?
  • What are the current prime sources of capital for renewable energy project developers?
  • Should parties be concerned about possible risks related to continuing federal tax and regulatory uncertainty?

Faculty

Avila, David
David Avila

Of Counsel
Paul Hastings

Mr. Avila is of counsel in the Energy and Infrastructure practice of Paul Hastings and is based in the...  |  Read More

Freedman, Robert
Robert N. Freedman

Partner
Paul Hastings

Mr. Freedman focuses on finance and development, asset acquisitions and dispositions and complex work-outs and...  |  Read More

Lowder, Darin
Darin Lowder

Partner
Foley & Lardner

Mr. Lowder is a partner and member of the firm’s Finance Practice. Although his practice extends to all aspects...  |  Read More

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