Experience – Energy Intensive Industry

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Experience

  • We negotiated shareholders’ agreements, investment agreements and credit agreements with international consortia of banks in establishment of a joint-venture company for production of polyolefins, in a project worth about PLN 1 billion.
  • We provided legal support for a transaction worth over PLN 6.5 billion involving acquisition from the State Treasury through privatisation of four steel mills, including negotiation of the privatisation agreement and agreements for conversion of debt into shares and acquisition of the shares from the largest creditors of the privatised company.
  • We conducted due diligence and legal support for the transaction of creation of a joint-venture company between a leading steel producer and a Polish energy group in which the assets were contributed through a division by spin-off.
  • We advised on obtaining, modifying and transferring rights under permits for operation of large installations in the steel and power industries and in matters involving transfer of greenhouse gas emission rights and upgrading of the installations to comply with the Industrial Emissions Directive.
  • We have conducted due diligence, M&A and restructuring of assets and companies from the energy-intensive industry sector.
  • We have advised on conclusion of energy procurement construction contracts, execution contracts, contracts for supply of equipment, machinery and technology, and for sale of necessary licences, and on obtaining approvals, licences and certificates required for carrying out construction projects, as well as operation and maintenance services contracts.
  • We negotiated and drafted contracts for supply of heat and utilities worth over PLN 600 million annually, together with supervision over regulatory and corporate compliance issues.
  • We have advised enterprises in negotiation and drafting of contracts with suppliers, including suppliers of utilities, and contracts with customers.
  • We have conducted due diligence and prepared financing documents for industrial development projects.
  • We have advised clients on how to qualify for tax exemptions, derogations and support for energy-intensive industries and industrial customers.
  • We have analysed regulations connected with use of state aid and special economic zones, and advised on opportunities and threats for industry connected with the EU’s climate policy.
  • We have represented operators of industrial installations in administrative and judicial proceedings concerning invalidation of permits, shut-down of operation of installations, and imposition of administrative fines.
  • We have drafted agreements and advised clients in compensatory proceedings connected with launch of new installations in areas where air quality standards were exceeded.
  • We have prepared analyses of the risk of liability for contamination of ground and water around property where large industrial installations were operated.
  • We have advised on administrative proceedings concerning hazardous waste disposal sites, including partition of the sites and transfer of ownership of the land.