News & Analysis as of

Sellers Energy Sector

Clark Hill PLC

[Webinar] Preparing for Clean Energy Tax Credit Transfer Transactions - May 1st, 12:00 pm - 1:00 pm EDT

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Project developers in the EV, solar, wind, battery, CCUS, hydrogen, biofuels, and energy efficiency markets have been blessed by the IRS with the ability to transfer tax credits directly to willing buyers. Tax equity...more

McDermott Will & Emery

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Morgan Lewis

Kazakhstan Government Introduces Changes to Standard Form of Power Purchase Agreement

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This LawFlash summarizes key takeaways from the recent amendments by the Kazakhstan government to the standard form of the power purchase agreement (PPA) for energy-producing organizations using renewable energy sources...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Some of the Dangers of Earnout Provisions

An earnout provision in mergers and acquisitions contracts entitles the seller of the target company to additional compensation in the future if the target performs well after closing. Such a provision is often used when a...more

DarrowEverett LLP

How Renewable Energy Developers Can Maximize ITC Value In Deal-Making

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On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act of 2022 (the “Act”). Among other things, the Act has notable consequences for the renewable energy industry, including restoring the...more

McDermott Will & Emery

International News: Spotlight on the Energy Industry - Issue 2 2021

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US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors...more

Pillsbury Winthrop Shaw Pittman LLP

Carbon Emissions and the Recent Climate Mobilization Act of New York City

The new Presidential administration has set off a renewed emphasis on sustainability and climate change. While owners and other stakeholders involved in New York City real estate have been grappling with many of these issues...more

A&O Shearman

Private Equity Oil & Gas Transactions: Insights for Buyers and Sellers

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Private equity funds have supplied much of the capital injected into the oil and gas exploration and production sector over the last decade. These investors will typically seek to identify, acquire, operate, enhance, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Emergence of Utility-Owned Renewable Energy Under Build-Transfer Agreements

Electric utilities in the U.S. historically have been buyers and sellers, but not producers, of renewable energy. Largely due to tax and accounting constraints, vertically integrated, regulated utilities traditionally have...more

Akin Gump Strauss Hauer & Feld LLP

Revisiting LNG Resale Restrictions – Implications of Recent EU Decisions

In our July 2017 update in AG Speaking Energy, we highlighted that the Japan Fair Trade Commission (JFTC) concluded in its market study that destination clauses, diversion clauses, profit-sharing clauses and take-or-pay...more

Akin Gump Strauss Hauer & Feld LLP

European Commission Takes Aim at Qatar’s LNG Contracts

• JFTC‘s recent market study on clauses in LNG SPAs indicate that agreements may run afoul of Japanese antimonopoly laws. • EU cases may provide guidance on application of competition law to destination clauses, diversion...more

King & Spalding

Lessons for Sellers in Contracting with Emerging Market Buyers: The “Three R’s” to Structuring Payment Security Provisions

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The recent rebound in the international energy industry is being driven, at least in part, by a large and growing appetite for U.S. hydrocarbon commodity products from buyers in China and other new and emerging markets. U.S....more

Jackson Walker

‘A Primer on Marketing Hydrocarbons’ Presentation

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Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas...more

Akin Gump Strauss Hauer & Feld LLP

FERC Amends Regulations to Remedy Barriers to Energy Storage Participation in Wholesale Electricity Markets; Saves Distributed...

At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more

Mintz - Energy & Sustainability Viewpoints

An Overview of Representations and Warranties Insurance

The last twelve months have seen strong levels of M&A activity in the U.S. energy tech and renewables sector. As this trend continues, we want to share a recent update on the increased use of representations and warranties...more

WilmerHale

Energy Sector Alert Series: Five Essentials for Managing Deal Risk

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In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Morrison & Foerster LLP

FERC Substantially Modifies Filing Requirements for Market-Based Rate Sellers and Clarifies Rules on Priority Rights Granted to...

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On October 16, 2015, the Federal Energy Regulatory Commission (FERC or “Commission”) issued Order No. 816 that revises filing requirements for market-based rate (MBR) sellers of electric energy, capacity, and ancillary...more

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