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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

    Thursday, August 4, 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 course will provide renewable energy attorneys and investors with in-depth guidance on common structures involving minority investors, necessary protections and exit options in renewable energy investments. The panel will focus on key provisions for investors when negotiating and structuring investments in renewable energy projects, minimizing liability, and offering exit options for minority investors of renewable energy projects.

Faculty

Darin M. Lowder
Partner
Foley & Lardner LLP

Mr. Lowder is a partner and member of the firm’s Finance Practice. Although his practice extends to all aspects of business law, he currently focuses his practice on energy, project finance, project development, and related tax and public financing. He is also a member of the firm's Energy Industry Team. He has experience with numerous project technologies including commercial, utility-scale, and residential-scale solar photovoltaic systems; onshore and offshore wind development; biomass and biofuel projects; and other energy and alternative energy technologies.

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Joel A. Goldberg
Partner
Porter Hedges, LLP

Mr. Goldberg has more than twenty years’ experience in private practice advising clients on energy and infrastructure projects and real estate transactions, and as general counsel to a renewable energy company. He also serves as the firm’s Property & Finance Practice Group Leader.

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Kfir Abutbul
Partner
Allen & Overy LLP

Mr. Abutbul has a diverse practice that focuses on advising financial and private equity sponsors, their portfolio companies, and management teams. For these clients, he focuses his practice on assisting clients reach successful completion of key corporate transactions, including mergers and acquisitions, divestitures and spin-offs, leveraged buyouts, joint ventures, and equity and preferred investments. Mr. Abutbul's industry practice focus is on energy and power, renewables, chemicals, manufacturing, and related industrial services, but he has advised clients on transactions involving a variety of other industries.

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Description

Continued demand and advancements in clean energy have enhanced the growth of creative project development transaction structures for the success of these projects and the returns to their investors. However, these investments involve a variety of risks for minority investors. Counsel for both sponsors and investors must recognize critical issues in renewable energy investments and develop methods of structuring deals to protect minority interests.

In recent years, investors have increased their focus on renewable energy assets with significant capital being raised each year. A sponsor may source or initiate the project, recruit co-investors, and issue equity stakes to investors or prospective off-takers participating at a minority investor level. Renewable energy counsel should have a working knowledge of the common structural considerations for such transactions and critical provisions to ensure minority investors are adequately protected. Essential conditions to negotiate involve project information rights, the appointment of representatives, restrictive covenants and consents, voting rights, anti-dilution, transfer restrictions, and other vital items.

In addition, investors must have a firm grasp on available exit options upon realization of returns and liquidating their positions or to limit their losses. Before committing to specific investment agreements, renewable energy sponsors and developers must understand potential investors' exit expectations.

Listen as our authoritative panel discusses key provisions when negotiating and structuring investments in renewable energy projects, minimizing liability, and offering exit options for minority investors of renewable energy projects.

Outline

  1. Key issues for minority investors
  2. Key structuring options
  3. Critical terms and conditions to consider
  4. Exit options and pitfalls to avoid
  5. Best practices for renewable energy counsel

Benefits

The panel will review these and other key issues:

  • What are the key issues facing minority investors in renewable energy?
  • What are the critical deal structuring options and provisions for minority investors in renewable energy transactions?
  • What exit options are available, and what challenges must minority investors overcome?
  • Best practices for renewable energy counsel and pitfalls to avoid