Renewable Energy M&A: Deal Structures, Key Issues, and Diligence Considerations
Avoiding Pitfalls in Buying and Selling Renewable Energy Projects

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Energy
- event Date
Tuesday, June 7, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course 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.
Faculty

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.

Mr. Hoeppner is a member of Invenergy’s in-house legal team focusing on commercial transactions, including M&A, offtake, construction and procurement, interconnection and transmission, O&M and other service contracts, joint ventures and joint development arrangements and, a variety of other commercial matters. Prior to joining Invenergy, Mr. Hoeppner was an associate at a large, international law firm where he focused on a variety of financings and other transactional matters.

Mr. Lynch is a member of the firm’s Project Finance & Development practice group. He represents developers, commercial users, energy marketers, investors, financial institutions, utilities and other market participants in a wide range of energy transactions. Mr. Lynch’s practice encompasses project finance and development, energy marketing and trading, renewable energy, and M&As. He has advised clients in conventional and renewable energy projects related to solar, wind, biomass, electricity, natural gas, coal, renewable energy credits, biofuels, weather, and carbon capture and sequestration.

Mr. Bobovich has been working on energy transactions for over a decade, with particular experience in renewables. During this time, he has negotiated all manner of project contracts, including M&A transactions, power purchase agreements, hedges, construction and procurement, interconnection and transmission, and operations and maintenance. Recently, he negotiated several turnkey build transfers.
Description
As the renewable energy industry continues to grow exponentially and many new players enter the market, renewable energy mergers and acquisitions transactions are growing rapidly. Attorneys and advisers within the energy sector must 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. The panel will discuss various deal structures to sell 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.
Listen as our panel guides 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.
Outline
- Sale of development-stage projects
- Development completion sales
- Build transfer agreements
- Sale of operating projects
- Current trends
- Utility acquisitions
- Tax credits phase-out
Benefits
The panel will review these and other mission-critical issues:
- Different types of deal structures and critical deal points
- Key due diligence issues for buyers and sellers in renewable energy M&A deals
- How tax credits impact M&A negotiations and activities
Related Courses

Domestic Oil and Gas Development and Production 2025: Recent EOs; Legal, Regulatory, and Practical Implications
Monday, April 7, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Your Guide to Professional Development with BARBRI
- Learning & Development
- Business & Professional Skills
- Career Advancement
- eDiscovery