Renewable Energy M&A: Deal Structures, Key Issues, and Diligence Considerations

Avoiding Pitfalls in Buying and Selling Renewable Energy Projects

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


Conducted on Tuesday, October 8, 2019

Recorded event now available

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Program Materials

This CLE webinar will guide counsel advising companies in the renewable energy industry on structuring M&A deals. The panel will discuss due diligence measures that effectively identify and mitigate risks and liabilities, as well as crucial considerations under various types of deal structures. The panel will also touch on key trends affecting M&A in the industry such as tax credit phase out and utility acquisitions.

Description

State and local governments continue to incentivize renewable energy and battery storage, causing an increase in mergers and acquisitions among producers and specialized renewables. Attorneys and advisers within the energy sector must be able to handle complex issues involving transaction structure, due diligence to identify and allocate risks, and valuation and balancing upside/risks between buyers and sellers.

Structuring transactions for renewables involves recognizing key components in buying and selling projects at different stages on a renewables timeline. Listen as our authoritative panel discusses various deal structures for the sale of projects in the renewable energy industry. Our panel will focus on the following types of transactions that are scattered across the timeline: (1) developer to developer, (2) completion of development, (3) build transfer agreements, and (4) operating projects. Also, counsel must prepare for issues relating to payment structures, credit support, closing conditions, and buy-back rights.

Our panel will guide counsel advising companies in the renewable energy industry on structuring M&A deals. The panel will discuss due diligence measures that effectively identify and mitigate risks and liabilities, as well as crucial considerations under various types of deal structures. The panel will also touch on key trends affecting M&A in the industry such as tax credit phase out and utility acquisitions.

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Outline

  1. Sale of development-stage projects
  2. Development completion sales
  3. Build transfer agreements
  4. Sale of operating projects
  5. Current trends
    1. Utility acquisitions
    2. Tax credits phase out

Benefits

The panel will review these and other mission-critical issues:

  • Different types of deal structures and key deal points
  • Key due diligence issues for buyers and sellers in renewable energy M&A deals
  • How the tax credits phase out impact M&A activities

Faculty

Bonovich, Matthew
Matthew Bonovich

Special Counsel
Sheppard Mullin Richter & Hampton

Mr. Bobovich has been working on energy transactions for over a decade, with particular experience in renewables....  |  Read More

Diffen, Becky
Becky H. Diffen
Partner
Norton Rose Fulbright US

Ms. Diffen focuses her practice on energy transactions, M&As and project development. She represents developers,...  |  Read More

Hoeppner, Nathan
Nathan Hoeppner

Associate General Counsel
Invenergy

Mr. Hoeppner is a member of Invenergy’s in-house legal team focusing on commercial transactions, including...  |  Read More

Lynch, Daniel
Daniel Lynch

Counsel
Akin Gump Strauss Hauer & Feld

Mr. Lynch is a member of the firm’s Global Project Finance Group. He represents developers, commercial users,...  |  Read More

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