Lexpert Special Editions

Energy November 2013

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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10 | Financing Energy Projects an internal discipline," tend to cap individual investments around $150 million, so they are forming small syndicates of two and three funds in order to spread the risk and get early stage energy financings done. Cameron says private equity funds are also paying for opportunistic acquisitions. "Clients of ours have participated, as shareholders, in companies that have bought chunks of gas properties. Natural gas prices have been depressed and the companies that focused in that area have been inclined to try and sell off assets as a means to get more efficient. So recently, for example, Encana Corporation sold about $500 million of natural gas properties to a company called Endurance — and Endurance energy LLC is backed by a couple of private equity funds. They saw the opportunity to make a good buy under current circumstances. "We've seen a number of examples of that. Seasoned management know bargains when they see it, and want to buy properties now because they think the price is really attractive to do it — private equity is going for those kinds of deals." When it comes to raising capital for green energy projects, things are a lot more straightforward. Large international banks and Canadian life insurance companies such as Manulife, Canada Life and Sun Life, companies that need long-term stable cash flow, have continued to be very interested in wind, solar and hydro projects, says David Lever, leader of the Power Group at McCarthy Tétrault LLP. "Renewables have had a large uptick across the country," says Lever. "There are a number of projects that are in the financing stage in Québec, Ontario, Alberta and BC, and we're seeing very strong appetite." The European banks, which were a force in Canada's renewable energy market before the 2008 credit crisis, are starting to return. There is some interest from American financial institutions for lending into the Canadian market. "And the Asian banks, particularly Japanese banks, have also been investors recently. That's new." Bank of Tokyo-Mitsubishi UFJ, Mizuho Bank, Sumitomo Mitsui Banking and JBIC have been involved in renewable energy projects the firm has recently worked on, Lever says. What's also new is that a small number of projects have recently been financed through the private placement of debt. Lexpert®Ranked Lawyers Davis, Thomas R.M. (Tam) Norton Rose Fulbright Canada LLP (514) 847-4857 thomas.davis@ nortonrosefulbright.com Mr. Davis's business law practice includes a focus on electrical energy. His domestic and international experience embraces project development, contracts to purchase, exchange and store energy, transmission, distribution and water management. DeMarco, Elisabeth Norton Rose Fulbright Canada LLP (416) 203-4431 elisabeth.demarco@ nortonrosefulbright.com Denstedt, QC, Shawn H.T. Osler, Hoskin & Harcourt LLP (403) 260-7088 sdenstedt@osler.com Ms. DeMarco's practice includes advising Canadian and foreign energy and mining companies and investment banks on emissions trading, project development, environmental financing and CSR. She appears before the OEB and other regulators. Mr. Denstedt practises environmental, regulatory and Aboriginal law in the energy, mining and chemical areas. He appears regularly before provincial and federal tribunals and is co-lead of the firm's Asian energy initiative. DeRose, Vincent J. Borden Ladner Gervais LLP (613) 787-3589 vderose@blg.com Mr. DeRose is the firm's regional leader of the Energy Markets Group and the Oil and Gas Group. He represents clients on natural gas and electricity regulatory matters before the Ontario Energy Board and the National Energy Board. Desbarats, QC, Robert P. Osler, Hoskin & Harcourt LLP (403) 260-7015 rdesbarats@osler.com Mr. Desbarats's practice involves all commercial aspects of the conventional oil and gas, oil sands and liquefied natural gas businesses, including acquisitions and divestitures, joint ventures and other transactions. Deyholos, Ronald A. Torys LLP (403) 776-3718 rdeyholos@torys.com Mr. Deyholos'S energy practice engages infrastructure projects. His experience includes advice on joint ventures, supply contracts, and construction and operating matters in the oil and gas, oil sands, cogeneration and wind power sectors.

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