Acquisition/Due Diligence

Couch White regularly assists clients with the due diligence and acquisition process for portfolios of renewable energy projects, including solar, wind, hydro, fuel cells, and battery storage (and combinations).

The Firm’s representative experience includes:

• Acting as local counsel for renewable energy transactions including comprehensive due diligence relating to compliance with Federal, and New York local and state permitting, regulatory, and real estate issues and title issues to ensure proposed acquisitions have all necessary permits, authorizations, and real property interests, and to advise the clients on conditions of approval and operational requirements and obligations being acquired.
• Our title licensed Partners conduct analysis of all title insurance related documents, ensuring all title defects are resolved prior to acquisition.
• Proposing curative measures and assisting with resolution, of issues identified during permitting or real estate diligence through either documentation or commercial resolution within the transaction itself.
• Review, drafting, and negotiation related to renewable project-specific documents such as PILOTs, Decommissioning Agreements and bonds, stormwater maintenance agreements and other documents.
• Development and review of MIPAs, ECCAs, FCCAs, and other key transaction documents and disclosure schedules for numerous renewable energy project portfolios.
• Review or drafting of opinion letters confirming compliance with permitting and regulatory requirements, mortgages, IDA transactions, corporate status, and other matters.