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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Energy

Date & Time
  • event Date

    Wednesday, February 9, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide counsel in structuring joint development agreements (JDAs) for renewable energy projects. The panel will examine the critical terms for JDAs and discuss key considerations, including partner suitability and approaches to agreement structure. The panel will also address disputes that can arise between JDA parties and steps to minimize such conflicts.

Faculty

Becky H. Diffen
Partner
Norton Rose Fulbright, LLP

Ms. Diffen focuses her practice on energy transactions, M&As and project development. She represents developers, private equity firms, investment banks, and a variety of other public and private companies in the renewable energy, energy storage, power generation, and oil and gas industries on complex transactions, including M&As, joint ventures, development projects, and project finance. Ms. Diffen serves as an adjunct professor at the University of Texas School of Law.

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Lindsey F. Swiger
Attorney
Norton Rose Fulbright, LLP

Ms. Swiger is a projects lawyer focusing on project development and financing, mergers, acquisitions, divestments and joint venture structuring. She has significant experience working with conventional and renewable energy corporate clients on the structuring, acquisition, development, expansion and divestment of domestic and international infrastructure projects.

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Description

As energy demands and technology continue to evolve, more companies are working jointly to share responsibilities in connection with developing, constructing, and financing renewable energy projects.

When considering a JDA, counsel to each party should evaluate the suitability of the JDA partner(s), the parties' objectives, and the agreement structure. Counsel should understand what key terms and provisions to include in the JDA to plan for the unexpected and minimize the risk of unintended consequences.

Listen as our authoritative panel examines the preliminary considerations, such as partner suitability and structure considerations, and key provisions, including the scope of the parties' joint development activities, their performance obligations, funding commitments, and termination and withdrawal rights.

Outline

  1. Preliminary considerations
  2. Key provisions
    1. Exclusivity
    2. Funding
    3. Withdrawal/termination
    4. Commercial principles
  3. Additional issues
    1. Nature of project opportunity
    2. Transfers
    3. Other structures/relationships

Benefits

The panel will review these and other key issues:

  • What are key considerations for counsel negotiating the JDA?
  • What issues must a JDA address regarding scope of joint development activities?
  • What are the obligations of parties and protections accorded to each?