Renewable Energies

Kompetenz: Erneuerbare Energien, Kanzlei Buse Heberer Fromm

Wind Energy, Hydropower and Photovoltaics in International Transactions

We offer our clients a full service package. We perform the necessary due diligence for our clients regarding the operating rights of each project and the special characteristics of company law concerning the project company and its shareholders.

All contracts relating to the transaction, which is usually executed by way of a “share deal”, will be created by us. If the project is only in its planning phase, planning and construction will be secured by a so-called “Engineering, Procurement & Construction Contract” (EPC).

We will manage contract negotiations with the seller’s side and will be present even after the signing and up through the closing. In that regard, we must ensure that the – often quite numerous – agreed conditions precedent are fulfilled on time. Moreover, we submit proposals for both the seller’s and buyer’s side on how this can be achieved.

A comprehensive restructuring, under company law, of the individual project companies is often required after completion of the transaction; to some extent, refinancing is also sought. Cross liability must be avoided through the use of special contractual arrangements so that the financial viability of transactions remains assured, especially during the breakup into subsidiaries and infrastructure companies. We are also involved in arranging credit and collateral agreements and assisting in the fulfillment of banking requirements.

Our clients are investment houses and financial investors. We have performed reference transactions in Scandinavia and Canada.