Best Practices When Reviewing Power Purchase Agreements for Tax Equity Transactions

In a tax equity, financing for commercial and industrial solar projects, the power purchase agreement (PPA) is typically the most important document. Learn how to draft and review these agreements to ensure financeability and to avoid common pitfalls and deal-breakers that can kill your transaction. Whether you are a developer in charge of negotiating the PPA, or a lawyer tasked with reviewing it, you will assess legal and practical risks, including fatal flaws, so your team can evaluate how to manage or mitigate the risk.

Join Jocelyn E. Lavallo, Of Counsel at Foley & Lardner LLP, as she provides a brief overview of the two most common tax equity transactions – the partnership flip and the sale/leaseback, and then walks through PPA gating items, key terms, and provisions to watch out for.

Learning Objectives:

1. Grasp how to successfully draft and review power purchase agreements (PPAs) for commercial and industrial solar projects
2. Recognize the common pitfalls and obstacles encountered during tax equity transactions, and explore how to avoid them
3. Review the two most common tax equity transactions, and common terms and provisions to look out for