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Renewable Energy Projects: Negotiating Ancillary Agreements for the Real Estate Facility

Strategies for Structuring Project Contracts After Negotiating the Terms of the PPA

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 12, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will guide counsel to parties involved in renewable projects on negotiating ancillary agreements to power purchase agreements (PPAs). The panel will review key terms and provisions, especially concerning financing and loan documents, discuss how the different types of renewable energy impact the transactions, and explain permitting issues.

Description

The PPA defines the relationship between parties involved in renewable energy projects. In conjunction with the PPA, parties must negotiate several ancillary agreements to implement projects.

Counsel to facility developers and property owners must consider various factors and risks in planning a renewable energy facility. Ancillary agreements related to the facility include security and land contracts. The parties must also address permitting issues.

As the renewable energy community continues to grow, these negotiations are becoming increasingly sophisticated. Companies and counsel must carefully negotiate the ancillary agreements to the PPA to allocate risk among the parties.

Listen as our panel of experienced energy attorneys examines the ancillary agreements to a PPA and critical terms and provisions. The panel will also review how the different types of renewable energy impact the agreements, especially financing and loan documents, discuss permitting issues to address, and offer strategies for negotiating the ancillary agreements.

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Outline

  1. Land contracts
    1. Site leases
    2. Licenses
    3. Subleases or sublicenses
    4. Access, ROW, and easement agreements
    5. Security agreements
  2. Permitting issues
    1. Building
    2. CUPs/LUPs
    3. Environmental
  3. Strategies for negotiation

Benefits

The panel will review these and other essential questions:

  • What are the critical provisions of the different ancillary agreements for the parties involved?
  • What environmental issues will impact obtaining a permit for a renewable energy facility?
  • What strategies can parties and counsel employ to allocate risks and benefits in the ancillary agreements?

Faculty

Chafee, Gregory
Gregory D. Chafee

Partner
Thompson Hine

Mr. Chafee's practice concentrates on energy transactions and provides strategic advice and counsel to project...  |  Read More

Thall Peters, Kristen
Kristen Thall Peters

Partner
Cooper White & Cooper

Ms. Peters has extensive knowledge and experience with renewable energy projects having aided her clients in...  |  Read More

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