Structuring Hybrid Renewable Offtake Agreements: Key Provisions, Risks and Limitations, Financing, Best Practices

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Tuesday, October 28, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will provide guidance to energy counsel and advisers on key issues and considerations for structuring offtake agreements for hybrid renewable energy projects. The panel will discuss effective contract structures, financing risks, key provisions to minimize risks, and other items essential to the use of offtakes for hybrid renewable energy projects.
Faculty

Mr. Holmes focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on wind energy, solar energy, hydroelectric power, geothermal, biomass, natural gas, carbon offsets, and energy storage. His experience extends into corporate transactions, water law, and real estate law. Mr. Holmes also advises clients in negotiating major power purchase agreements, acquisition and sale of energy projects, EPC agreements, O&M agreements, fuel supply, and energy project development agreements.

Ms. Kessler practices in the area of energy project development and regulation, with a focus on the provision of electricity and gas through renewable technologies such as solar and wind, among others. She has broad expertise in energy project transactions and the drafting and negotiation of related corporate agreements and has significant experience in state and federal energy regulation and proceedings. Ms. Kessler has advised clients on energy projects involving solar, wind, microgrid, fuel cell, energy storage, cogeneration, biofuel-generation, interconnection and line extension. She also provides guidance on power and gas marketing, and other issues related to deregulated energy markets, as well as submetering, energy efficiency, and rate design. Her clients have included project developers, financial institutions and large consumers of regulated and unregulated energy services (such as industrial, commercial, data center, multifamily housing, non-profit, university and hospital customers), marketers of competitively sourced electricity and gas and power authorities. She has appeared on behalf of such clients in federal and state court energy litigation matters and in regulatory proceedings in various states. In addition, Ms. Kessler represents clients of energy facilities involved in the Independent System Operator (ISO) process. She formerly represented a retail marketer of electricity, the first urban electric cooperative, on several New York ISO Committees, including influencing development of rules related to interconnection, ICAP, creditworthiness, operational issues and demand response. Throughout her career, Ms. Kessler has negotiated gas and electric power contracts for commercial and industrial clients in locations including New York, New Jersey, Connecticut, Pennsylvania, Maryland, Virginia, Massachusetts, California, Washington, DC and Ohio. She has conducted numerous regulatory proceedings with Con Edison, Public Service Electric & Gas and other utilities.
Description
An offtake agreement is an arrangement between the project company and the party buying the energy and related products that the project will produce and deliver over time. These agreements incorporate critical terms such as payment mechanisms, operating requirements, performance guarantees, events of default, periodic testing requirements, and other significant provisions. Counsel must identify risks associated with these agreements and ensure that such contracts are aligned with the goals of projects, utilities, and investors to secure revenue.
A properly structured offtake agreement for hybrid renewables can secure revenue, shift risk, and provide for other items beneficial to the energy project company and the purchaser. Energy counsel must understand the nuances of these complex contract structures, the associated risks, and available financing approaches.
The effectiveness of any offtake structure and financing hinges on a complete understanding of key terms, attributes, and regulatory implications applicable to an energy project.
Listen as our panel analyzes the available offtake arrangements for hybrid renewables, financing risks, key terms and provisions to minimize risks, and other items essential to using offtakes for hybrid renewable energy projects.
Outline
I. Risks and limitations of offtake agreements
II. Offtake arrangement options for hybrid renewable projects
III. Structuring and financing offtakes
IV. Best practices to minimize risks and ensure regulatory compliance
Benefits
The panel will review these and other key issues:
- The associated risks of offtake agreements for hybrid renewable energy projects
- Available offtake arrangements for hybrid renewables
- Contract structures and financing risks
- Key terms and provisions to minimize risks associated with offtake agreements
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