Consents and Assignment of Trading Agreements

Location

Napa Valley, CA
United States

Date
March 27, 2022
Type
Presentation
Event Type
Spring Conference
Presenters
Jason Lewis
Description

About

Consents to assignment play an important – and sometimes overlooked – part in transactions with project financed entities, including offtake arrangements, hedges, fuel contracts, energy management agreements, and other project documents. Consents typically supersede certain terms and conditions in the original commercial agreement between the parties, from default cure periods to payment terms and others, and consent negotiations between lenders and project counterparties are often complex and detailed. Market participants ignore consents to assignment at their peril.

1 hour CPE – Business Law; 1 hour CLE

Objectives

  • In this one-hour session, we will discuss why lenders request consents to assignment from project counterparties, explore how such agreements differ from the terms and conditions of standard assignment provisions, review the key concepts in a typical consent, and highlight frequently negotiated issues.