Title Curative Work in Renewable Energy Project Development
Why Early Title Review Matters for Project Sales and Financings In renewable energy project development, title issues often begin as quiet diligence items. These issues can include superior mortgages,…
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Severed Mineral Rights and Surface Waivers in Renewable Energy and Data Center Development
Documenting Mineral Risk for Project Sales, Financings, and Title Insurance Review In renewable energy and data center development, the party signing the lease, easement, option, or purchase agreement…
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Most Favored Nation Provisions Across Development Portfolios
Most favored nation (“MFN”) provisions generally seek to ensure that a landowner receives economic terms at least as favorable as those granted in certain comparable agreements within a project. Unlik…
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Where Do the Lender Protection Provisions Go?
In renewable energy project development, leases and easements frequently pass through multiple hands before a project reaches financing. Early-stage developers create forms. Landowners negotiate revis…
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Amendment and Restatement in Renewable Energy Site Control: Preserving Priority When Project Documents Change
In renewable energy project development, leases and easements rarely stay static. Projects evolve. Sites expand or contract. Lease forms are conformed in connection with acquisitions. Financing partie…
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Anatomy of a Solar Lease: Key Differences from Wind
Solar leases are sometimes described as simpler versions of wind leases. At a high level, the comparison is understandable. Both agreement types involve long-term site control, rights to develop, cons…
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Development Counsel in Renewable Energy Lease Negotiations
Why Early Lease Structure Matters for Financeability, Execution, and Long-Term Project Flexibility Renewable energy lease negotiations have always involved more than ordinary access rights or short-te…
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Key Risks to Developers in Two-Document Lease Option Structures
Why Integrated Option-and-Lease Structures Can Reduce Renegotiation, Title, and Execution Risk Renewable energy developers frequently need to secure site control years before a project is ready for co…
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