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Renewable Energy

Gallagher advises developers, owners, customers, installers, and operators of renewable energy projects on a range of project finance, development, tax credit and related matters, including:
  • Construction and permanent financing transactions;


  • Power purchase agreements; site leases, licenses and easements; engineering, procurement, and construction contracts; operations and maintenance agreements, and capital leases;


  • Structuring renewable energy project transactions to qualify for federal investment tax credits and grants authorized under Section 1603 of the American Recovery and Reinvestment Act of 2009 in lieu of such tax credits;


  • Advising on matters and issuing tax opinions related to the syndication of federal investment tax credits;


  • Negotiating the relative rights of equity investors and lenders;


  • Acquisitions and dispositions of renewable energy companies, divisions and projects;


  • Sale and financing of renewable energy credits and similar environmental attributes tied to the production of renewable energy;


  • Financing of state and utility rebates and similar incentive payments tied to the production of renewable energy;


  • Real estate matters; and


  • Renewable energy litigation disputes.
We have advised clients on the financing of more than 25 photovoltaic solar projects with a combined capacity of over 40 MW. Recent financing projects include:
  • 14.2 MW photovoltaic solar facility at Nellis Air Force Base in Nevada, the largest facility in North America when placed in service;


  • 2 MW photovoltaic solar facility at Denver International Airport;


  • 1 MW photovoltaic solar facility in Fresno, California;


  • 250 kW photovoltaic solar facility in Sarasota, Florida;


  • 600 kW photovoltaic solar facility in Oakland, New Jersey;


  • 746 kW photovoltaic solar facility in Tucson, Arizona;


  • 5.6 MW of combined photovoltaic solar facilities installed at multiple locations of a major department store chain; and


  • 300 kW photovoltaic solar facility at the Colorado Convention Center -- site of the 2008 Democratic National Convention.
We have closed over $150 million in photovoltaic solar project financing transactions and participated in the syndication of over $90 million of related investments in federal investment tax credit transactions for these solar projects.

Our federal tax credit and financing experience allows us to identify and address issues critical to commercial lenders and institutional investors early in the project development cycle, allowing our clients to maximize the economic potential of their projects and minimize transaction costs.

In addition to project finance and development advice, emerging renewable energy companies look to our firm for a range of legal services, including representation in mergers and acquisitions; advice on corporate governance, employment, real estate, taxation and intellectual property issues; and representation in dispute resolution and litigation matters.

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