Renewable Energy Project Financing: Legal Strategies for Structuring the Deal
Navigating Financial Incentives, Sources of Capital, Debt and Equity Structures

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Thursday, September 14, 2023
- 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 provide resources for sponsors and financing parties of renewable energy projects regarding the available incentives, financing sources, and structures associated with financing renewable energy projects. The panel will offer their insights and perspectives on financing renewable energy projects.
Faculty

Mr. Freedman focuses on finance and development, asset acquisitions and dispositions and complex work-outs and restructurings of infrastructure assets, internationally and in the U.S. He represents developers, lenders and other parties across the breadth of infrastructure sectors, including power, renewables and sustainable development, oil and gas (upstream and downstream) and transportation.

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.

Mr. Avila is of counsel in the Energy and Infrastructure practice of Paul Hastings and is based in the firm’s New York office. He focuses on project development and finance, private equity, subordinated and mezzanine debt, private placement offerings, asset acquisitions and dispositions, and other corporate transactions in the natural gas, renewable energy and infrastructure sectors. Mr. Avila’s clients include both sponsors and lenders, including major corporations, developers, equity investors, investment banks and other institutional investors, banks and financial institutions.
Description
Finding the right financial structure for renewable energy development is complex. Viable alternatives to traditional power purchase agreements as the basis for financing renewable energy projects continue to evolve, enabling alternative financing options for project developers and sponsors.
In light of recent changes in law prompted by the Inflation Reduction Act, an increasing variety of funding sources exist for municipalities, private developers, and corporations interested in financing renewable energy projects. However, securing the necessary capital remains challenging.
As new financing products and deal structures evolve and existing products change to meet the significant growth in renewable energy development, additional pressure is being placed on the demand for capital. Counsel to sponsors, developers, and investors must understand the markets and tools available to leverage financing trends to their advantage.
Listen as our authoritative panel of energy attorneys examines the financing of renewable energy projects, reviews financial incentives available, discusses sources of capital and debt and equity structures, and offers best practices for financing renewable energy.
Outline
- Financeability of the renewable energy project: critical issues
- Regulatory scheme
- Permitting and land use
- Risk
- Revenue
- Potential litigation
- Financial incentives
- Revenue streams
- Subsidies: direct and indirect
- Department of Energy/USDA loan guarantees
- Sources of capital
- Sources of debt for development
- Sources of sponsor and tax equity
- Debt and equity structures
- Debt financing structures: project-level or back-leverage
- Equity financing: sponsor equity and tax equity players and limitations
- Impact of recent and possible future tax law changes
- Best practices for financing renewable energy
Benefits
The panel will review these and other relevant issues:
- What are the critical issues in evaluating the financing options available for a renewable energy project?
- What are the key issues impacting the bankability of projects?
- What financial incentives are available to investors in renewable energy projects, including changes from the Inflation Reduction Act?
- What are the current prime sources of capital for renewable energy project developers?
- Should parties be concerned about possible risks related to continuing federal tax and regulatory uncertainty?
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