© 2019 by AsH3Konzult.

PROJECT STRUCTURES & FINANCING

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We assist clients in all aspects of the structuring of projects - corporate, project execution, and financing.

We have extensive experience in incorporating Project SPVs, structuring appropriate shareholdings, amending MOIs to reflect shareholder requirements, producing tailor-made Shareholder Agreements, and structuring equity investments in projects through Preference Share Subscription Agreements and similar instruments.

We assist clients with appropriate frameworks for their arrangements with co-venturers, including Joint Venture Agreements, Joint Development Agreements, Co-Operation Agreements, and Partnership Agreements .

We advise clients on the legal aspects of the financing aspects of their projects, whether through equity investment, loans, or project finance. In particular, we give project-specific inputs to the typical suite of project finance agreements (notably the typical Common Terms Agreement), to ensure the financing arrangements align with project exigencies.

Our specific past experience includes:

- Structuring the holding company for the development of several small hydroprojects in the Eastern Cape, South Africa, formulating, negotiating, and concluding the required Joint Development Agreement and Shareholders Agreement between the co-venturers in these projects, formulating and finalizing the template Preference Share Subscription Agreement required for equity investment at project level, and assisting with incorporation and establishment of individual project SPVs.

- Structuring the holding company for the development of a pipeline of 1500MW of commercial rooftop solar PV projects, negotiating, and concluding the required Co-Operation Agreement between the co-venturers in these projects (incorporating required shareholder provisions) , and formulating and finalizing the template Preference Share Subscription Agreement required for equity investment at individual project level.

- Formulating, negotiating, and concluding the Shareholders Agreement between the co-venturers in a biowaste-to-energy project, and further advising the Project Company on the terms and conditions of the equity investment to be made by a shareholder and the concomitant recognition of the 'sweat' equity contribution by the remaining shareholders.

- Providing specific project input into the negotiation and finalization of the full suite of Finance Agreements for the development of a 25MW biomass-to-energy facility being developed under the South African Renewable Energy IPP Procurement Programme, in order to procure alignment between financing requirements and project exigencies.

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