Barnes & Thornburg LLP
When developing an energy or sustainability project, a project developer should from the outset consider the financeability of the project, which includes a thorough evaluation of the legal risks and challenges associated with the project’s development and financing. Projects can and do fail as a result of legal issues critical to a project lender’s or investor’s credit analysis that have not been adequately addressed as projects progress. As the financing structures become more complex, whether to address commercial, tax or accounting concerns, the legal considerations may also be heightened. This presentation will discuss some of the salient legal issues to be considered by developers and financiers when undertaking the development and financing of a successful energy or sustainability project. The presentation will focus on the most recent financing structures as well as potential changes to financing structures due to recent changes in law.
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