Clean Energy Expertise

Clean Energy Counsel has the specialized project development expertise needed to deliver uniquely insightful and commercial solutions. Our work propels clean energy projects from early-stage term sheet to successful completion, whether those projects are utility-scale, commercial, industrial, or residential. Many of our team members have served as general or senior counsel at leading clean energy development companies; this means we bring a deep understanding of the technical requirements and risk factors involved in development. We provide strategic guidance on critical project contracts and risk mitigation. Our mastery of financing structures and underwriting requirements ensures contracts are bankable so that financing can be secured. Clean Energy Counsel shepherds sustainable energy projects through all phases of development, including:

• Site acquisition

• Power sales, energy service agreements, and other offtake contracts

• Feedstock contracts

• REC purchase and sale agreements

• EPC contracts and other construction agreements

• Equipment supply

• Shared facility agreements

• Joint development agreements

• Interconnection

• Project operations and maintenance

Clean Energy Counsel provides borrowers and investors with tailored legal solutions for financing all types and sizes of clean energy projects. We are driven to unlock capital for new projects that will ultimately deliver the expected results and returns. We know that each success story brings us closer to a clean energy future.

Clean Energy Counsel provides commercial, practical solutions to manage risk and ensure timely, cost-effective closing. We bring a comprehensive understanding of the financing structures and issues that are essential to successful results, making complex project financings understandable, predictable, and efficient. We also help our clients achieve longterm asset and capital preservation to achieve their objectives. Clean Energy Counsel represents lenders, sponsors, developers, investors, contractors, and operators in all types of financing structures and transactions. For borrowers, we help navigate the project diligence and underwriting process required to secure financing.

We advise on what’s negotiable and when to avoid non-starters. For lenders and investors, we identify project risks and evaluate and mitigate potential concerns. Our extensive experience ensures our clients are well prepared for the complexities to come. We handle legal work covering all clean energy project financing needs, including:

• Development loans

• Project-level and back-levered debt financing

• Tax equity financing

• Construction, term, sale-leaseback, and receivables financings

• Asset financing

The sustainable energy industry is complex and so is the market. To strategically access or deploy capital, evaluate investment options, preserve long-term capital, and maximize returns, you require seasoned legal advisors who understand the intricacies of both the sustainable energy business and the market landscape.

At Clean Energy Counsel, we provide expert advice on all stages of developing a sustainable energy company, including:

• Equity investments

• New venture and fund formations

• Joint ventures

• Mergers and acquisitions

• Strategic relationships

• Recapitalizations

At Clean Energy Counsel our end goal is a faster transition to a clean energy future, so we bring a level of focus and commercial practicality to our representation of buyers and sellers of clean energy projects. We use your resources more efficiently, so you can do the same with the world’s resources.

Informed by years of experience, our team of specialized attorneys provides a full range of sell-side and buy-side merger and acquisition services for development assets, individual projects, and portfolios of projects. We often support clients that do not have a large internal team to ensure organized and timely closings. This includes structuring, drafting, and negotiating the purchase and sale agreements as well as project management, due diligence guidance, and consultant management.

Operating and managing high performing sustainable energy projects requires experience, skill, and foresight. Clean Energy Counsel brings all of that to the table—plus an unmatched level of care. We understand the smooth and successful operation of a project is as important as its development, financing, and construction. A successful transition to clean energy requires that the projects we build perform as expected.

To that end, we support ongoing project operations with:

• Operations and maintenance (O&M) contracts

• Asset management services

• Compliance and administration of project contracts and financing agreements

• Support on warranty claims

• Contract amendments

• Ongoing sales of energy and other project-related services and products

Our team’s extensive experience and singular focus on clean energy enables us to provide our clients with valuable strategic insights. The process of developing, financing, and building projects is rife with peculiarities that only time and proficiency make clear. Clean Energy Counsel’s experience and commitment to the industry benefits our clients, advances their projects, and brings a clean energy future closer within everyone’s reach.

Our strategic advisory services include:

• Advising on submittal of bids to supply power and other products in response to RFPs and solicitations

• Connecting clients with industry experts, technical advisors, financing providers, equipment suppliers, and service providers

• Advising clients on market and industry standards to better assess the relative value of deals and contracts

• Identifying business opportunities to leverage and potential pitfalls to avoid

• Streamlining project and transaction structures to maximize success and minimize broken deal costs

• Maximizing efficiency and resource management in the face of fundamentally complex factors

• Risk assessment and mitigation

Our lawyers advise clients on ESG standards, risks, and compliance measures, helping develop corporate sustainability strategies and programs that are credible and meaningful.