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

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, November 16, 2022

Recorded event now available

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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.

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.

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Outline

  1. Risks and limitations of offtake agreements
  2. Offtake arrangement options for hybrid renewable projects
  3. Structuring and financing offtakes
  4. 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

Faculty

Kaufman, Paul
Paul J. Kaufman

Partner
Sheppard Mullin

Mr. Kaufman has been an energy lawyer since 1984. Over a career of almost 30 years, he has negotiated all manner of...  |  Read More

Nike O. Opadiran
Nike O. Opadiran

Counsel, Energy and Infrastructure Projects
Skadden, Arps, Slate, Meagher & Flom

Ms. Opadiran concentrates her practice on the development, tax equity and debt financing, acquisition and divestiture...  |  Read More

Wilson, Vanessa
Vanessa Richelle Wilson

Partner
DLA Piper

Ms. Wilson focuses exclusively on energy transactions. She represents energy companies, infrastructure funds,...  |  Read More

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