Renewable Energy

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Wielechowski Fuller has developed extensive experience in representing lenders and financial institutions in providing development, construction, working capital and permanent debt to project developers and sponsors in all aspects of the development, financing, acquisition, and operation of renewable energy projects, with a particular emphasis in photovoltaic solar energy.  Wielechowski Fuller also represents renewable energy developers and equity investors in the purchase, sale and investment in renewable energy facilities.  Precedent non-debt transactions range from the purchase and sale of pre-construction renewable energy projects to investments in mechanically complete projects and acquisitions of project portfolios.
Our firm provides a full complement of services in this area, such as:

  • Preparation and negotiation of construction and permanent debt loan documents, membership interest purchase agreements, operating agreements and other definitive transaction documents, including subordination, forbearance and interparty agreements with investment partners
  • Review and negotiation of tax credit equity (federal and state) transaction documents
  • Analysis of fair market value appraisals and financial models with a focus on tax credit and other investor benefits and debt service coverage requirements
  • Review and interpretation of utility and other off-taker agreements (including power purchase agreements, REC agreements and interconnection agreements)
  • Review and negotiation of Engineering, Procurement and Construction contracts, component purchase and subcontractor contracts, manufacturer warranty parameters and operations and maintenance agreements
  • Analysis of governmental approvals and permitting, including federal and state regulatory requirements and local municipality participation
  • Full site control (acquisition and leasing) and real property due diligence including lease negotiation, interaction with landlords, environmental and wetlands review, title matters and survey analysis
  • Other legal and business due diligence
Wielechowski Fuller capably and successfully partners with its clients to close many types of renewable energy transactions, including inverted leased, capital lease, sale-leaseback and partnership flip structures. Since 2012, our attorneys have closed over $2.0 billion of project construction, permanent debt and acquisitions and divestiture transactions for over 250 renewable energy facilities aggregating approximately 2.0 GW (DC) of renewable energy capacity throughout the United States.  Most of these transactions include federal and, with respect to projects in North Carolina prior to the expiration of the North Carolina solar tax credits, state tax equity components in the capital structure, and reflect approximately $4.0 billion dollars in investment value.