Structuring Solar Development Financing, Leasing and Operating Agreements for Commercial Properties

Reducing Legal Risk and Maximizing Client Income Opportunities Through Financing, Tax Incentives and Documentation

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

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Conducted on Thursday, January 25, 2018

Recorded event now available

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Course Materials

This CLE course will provide energy and real estate finance counsel with a briefing on certain key legal, tax and financing issues that arise in projects to install solar energy equipment on commercial property. The panel will also review avenues to obtain financing for the project and leverage existing tax incentives.


Solar energy projects on commercial property are complex transactions involving an assessment of available incentives and resolution of unique issues arising from the acquisition, construction, financing and operation of a solar installation. In addition, commercial and industrial property owners and offtakers are increasingly driving solar development, and counsel can help to structure transactions and craft terms that address deal-specific goals and requirements.

Counsel must stay on top of available tax incentives and benefits for solar installations, including how current tax and trade issues may affect availability. Counsel must be prepared for specific contract pitfalls, especially those that require top-level client approval or long lead times. The panel will also canvass relevant regulations impacting commercial property owners when evaluating a solar energy installation.

At the same time, counsel will have to render advice regarding the financing issues peculiar to solar installations, including the relationship between a project lender and mortgage lender and interaction with other deal terms.

Listen as our panel of authoritative practitioners provides their unique perspectives, overview and analysis on the tax incentives, documentation and financing issues for solar developments.



  1. Review of tax incentives and benefits available for solar installations
  2. Analysis of relevant regulations
  3. Contract issues arising in connection with solar projects
  4. Financing issues peculiar to solar installations
  5. Review of typical documents
    1. EPC agreement
    2. SNDA
    3. Property owner and mortgagee waiver agreement


The panel will review these and other key issues:

  • What are the unique issues that arise in negotiating and structuring solar leasing, licenses and easements, and operation and management agreements involving commercial property?
  • How do various contract terms and deal issues affect financing, tax incentives and access rights, including tenancy, vendor quality, purchase options, removal requirements, merchant tail and credit support?
  • What current issues should counsel consider regarding tax incentives and benefits for solar installations?
  • What government regulations other than tax considerations may be applicable to solar installations?


Bonovich, Matthew
Matthew Bonovich

Associate General Counsel

Mr. Bonovich is in charge of the company’s commercial transactions, including M&A, offtake, construction and...  |  Read More

Lord, Christopher
Christopher J. Lord

Managing Director

Mr. Lord provides advisory and consulting services to customers, owners, developers, utilities, suppliers, installers...  |  Read More

Wiranowski, Mark
Mark I. Wiranowski, Esq.

Wilkinson Barker Knauer

Mr. Wiranowski’s practice focuses on corporate and commercial transactions in the energy, communications and IT...  |  Read More

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