© 2019 by AsH3Konzult.

DUE DILIGENCE AND ACQUISITIONS

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We have very extensive experience in undertaking due diligence investigations into energy and infrastructure companies and projects, for clients seeking to acquire interests or make investments. We investigate and comprehensively on all key legal structures and contracts, and on key regulatory compliance, further advising on material issues and risks.

In the event of a positive due diligence outcome, we assist clients with the formulation, negotiation, and conclusion of the appropriate acquisition- and/or investment agreements.

We also assist vendors with their divestments, setting up and managing virtual- and hard data rooms, managing acquirer/investor due diligence processes, supporting clients in their engagements with interested parties, and assisting in the negotiation and finalization of the relevant agreements.

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Our specific past experience includes:

- Undertaking the full due diligence investigation and reporting to the client in connection its acquisition of a 140MW onshore wind project in development, and subsequently formulating, negotiating, and concluding the sale and purchase agreement with the project developer (project subsequently successfully bid and facility now in operation).

- Legal contracts and risk assessment work-stream leader in the multi-disciplinary comprehensive due diligence investigation into and reporting on the midstream and downstream operations of a Pan-African petroleum products distributor and retailer proposed to be acquired by the South African national oil company (transaction not proceeded with for commercial reasons).

- Assisting an international oil company in setting up the requisite virtual data room, managing acquirer access to data, assisting the client with responses to acquirer queries, and further assisting the client in the formulation, negotiation, and conclusion of the sale and purchase agreement in respect of the client's entire midstream and downstream petroleum business in Swaziland (sale successfully concluded).

- Leader of the operations agreements work-stream (coal supply, water supply, transportation, O&M, and PPA) in the multi-disciplinary due diligence investigation into and reporting on a coal-fired power station proposed to be acquired from erstwhile owners (acquisition successfully completed).

- Assisting an energy start-up in the composition of its virtual data room, assisting the client with the management of investor access to data, and further assisting in engagement with, and responses to queries by , proposed investors, in connection with the proposed equity investment as part of the client's capital raising programme (in progress).

- Leader of the legal work-stream in the multi-disciplinary due diligence investigation into and comprehensive reporting on 8 solar PV projects under development proposed to be acquired by the client from the project developers.

- Lead of the operations and finance agreements work-stream (EPC (re defects liability), O&M, PPA, CTA) in respect of the proposed acquisition of an operating onshore wind facility developed under the first round of the South African Renewable Energy IPP Procurement Programme.

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