In this article, we highlight 10 key issues that are worth considering when acquiring a business or asset in the power or gas sector, be it a power plant, an interest in an LNG facility (liquefaction or regasification) or any other similar asset. There are undoubtedly many more considerations a purchaser may need to think about, including general issues for any merger or acquisition, but for the purposes of this article, we have focused on various due diligence, regulatory and practical issues specific to transactions relating to a target in the power or gas sector.
We have previously written a series of alerts examining various issues that arise at key stages of a merger or acquisition in the energy and commodities sector in general. For more information on these issues, see our previous articles:
- “Due Diligence for Energy and Commodity Asset Acquisitions”
- “Due Diligence for Energy and Commodity Asset Acquisitions: ‘Soft’ Commodities”
- “Due diligence for energy and commodity asset acquisitions: regulatory considerations”
- “Energy and commodities asset acquisitions: post-acquisition issues”
This alert focuses specifically on the issues businesses may wish to consider when conducting an M&A deal in the power or gas sector. The issues below are considered from a buyer’s perspective. While there will necessarily be overlap between the buyer’s and the seller’s considerations, the issues the seller will focus on will likely differ.
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In-depth 2021-004