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Solar Leases: Legal, Business, and Practical Considerations, by Lorman

Understand the nuts and bolts of solar energy projects and how to best craft deal documents that work for all parties involved.

The solar energy industry in the United States has been growing steadily and is here to stay. Ambitious renewable energy mandates have become an integral part of federal and state government policies. More people in the United States are employed in solar electricity generation than the generation of electricity by coal, oil, and gas combined. The leasing of land, rooftops, and parking lots has become a popular source of revenue for property owners and is critical in achieving federal and state renewable energy mandates. In addition, anyone that consumes electricity, or has the capital to invest, can benefit from a solar energy project. Professionals negotiating solar leases and related documents must take into account important and varied legal and business considerations. Parties must consider whether a lease, license, or easement is the proper vehicle for their specific project. Once the proper vehicle is chosen, the parties must weigh the competing interests of the various stakeholders regarding issues such as casualty, assignment rights, maintenance, indemnifications, taxes, routine guarantees, and insurance, to name a few. Careful crafting of the deal documents is critical to ensure the parties are getting the deal they expected. This material will explain the nuts and bolts of a solar energy project and how to best craft deal documents that work for all parties involved. The program will examine various project structures and explore practical considerations for investors, developers, lenders, site hosts, and governmental entities involved in solar energy projects. If you are about to embark on a solar energy project, or if you are currently involved in structuring or implementing a solar project, you will benefit from the insight and practical advice provided in this program.

Learning Objectives

  • You will be able to identify the best structure for your solar lease project.
  • You will be able to recognize the cash flows that stem from a solar lease project so you can best structure a deal that works for all parties involved.
  • You will be able to explain potential project pitfalls and negotiate provisions to adequately address them.
  • You will be able to review and deal with the practical concerns that arise in evaluating and implementing a solar lease project.

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