India has been focusing and promoting renewable energy sector over more than a decade and promoting various government schemes in the field of solar, wind energy and other alternative energy sources.
Agama’s role largely commences at the time of initial negotiations between parties and expands into the arena of structuring and finalising the essential documentation and closing of transactions.
Agama is minutely involved in project advisory pre-transaction as to viability from a renewable energy regulations perspective and assists with a full project due diligence under the guidance of our Partner, Ms. Archana Balasubramanian.
Agama has historically provided strategic advisory and assistance on project related issues concerning contractual arrangements and legal and regulatory frameworks, to facilitate compliance and risk mitigation in the conduct of business of our clients.
We at Agama provide assistance to various entities in the renewable energy space, largely solar energy based, in acquisition of projects which are in their early stages and those in their advanced stages.
Our transactional experience in the renewable energy sector includes, providing end-to-end assistance in acquisition of existing plants / under construction plants; and drafting, negotiation and finalisation of various JVs, business associate agreements, alliance documents and various transactional documents, for (captive) solar power generation.
Agama’s experience also extends to assisting with doing diligence and investments into Indian companies in ancillary areas such as manufacturing and supplying bio mass fuel.
In addition to drafting of various transactional documents, Agama assists clients in drafting and finalisation of various commercial documents, such as term sheets, MOUs, framework agreements, brand licensing agreements, EPC and O&M contracts, PPAs and various civil contracts and various ancillary documents such as, bid documentation, making claims, documentation for importing of rigs, engagement letters and client proposals, various NDAs and confidentiality agreements, etc., towards successful conclusion of the projects.
In addition to the above, we have experience of working with EPC contractors and sub-contractors, advising and strategizing on dispute resolution/management and avoidance from the time of bidding until the closing of the transaction, co-ordinating with their ground team and project managers and advising them on the course of action in relation to the contracts executed by the company with owner/employers.
From the real estate standpoint, Agama has extensive experience in advising companies engaged in solar energy business in the acquisition of huge parcels of land for their captive and other solar projects in States of Tamil Nadu, Andhra Pradesh, Madhya Pradesh and Rajasthan.
Agama has been assisting renewable energy companies in their pre-disputes and dispute strategies. We have been analysing their contracts such as power purchase, supply, O&M and other key business agreements and others commercials documents with their customers, suppliers and vendors from dispute stand point of view and pro-actively building correspondences for and on their behalf and securing their interest when matters reach appropriate court, tribunal / arbitration.