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Program Details
2026-11-23 14:30:00
Over 1,000+ webinars
Course Overview
2026-11-23 14:30:00
2h CLE Credits
Intermediate
2
This hour discusses critical terms in hyperscaler leases needed to support non-recourse financings, whether in the capital markets as project bonds, whether 144A/Regulation S or private placements, or by bank and private credit lenders.. It sets out the terms and structures adopted by financiers to address a hypothetical phased hyperscale campus so that each tenant delivery deadline, termination right, LD exposure, force majeure and other customary risk allocation under hyperscaler leases are adequately addressed to enable limited recourse financing, including with springing, completion and other sponsor guarantee, , maturity, construction-period CP, mandatory redemption and prepayment trigger and/or event of default. Attendees leave able to make the intermediate call on which lease-to-debt gaps to close and which to price into the related financing, with incomplete power-delivery facts and a fixed pricing date. They also leave with a completed gap matrix and a list separating negotiable from non-negotiable estoppel, SNDA, consent and direct-agreement asks.
Gregory Tan
Ashiq AzizPower availability is increasingly one of the most significant risks in data center development and financing. This session examines how an independent advisor evaluates a proposed hyperscale campus’s path to energization, identifying the regulatory, market, utility, and project-specific factors that determine whether—and when—power can realistically be delivered.
Using examples from PJM, ERCOT, and other markets, the session walks through the layers of power-delivery due diligence: local permitting and moratoriums; state regulatory requirements; regional supply-demand conditions and resource adequacy; utility infrastructure plans and service commitments; and the feasibility of behind-the-meter generation as an interim or long-term solution.
Attendees will learn how to distinguish firm commitments from preliminary assumptions, identify red flags that could delay energization, and assess the credibility of proposed power-delivery milestones. The session connects these findings to financing decisions, including conditions precedent, reporting requirements, and milestone risk.
Margarita Patria
Paul Hastings

Charles River Associates

Paul Hastings

Paul Hastings
Gregory Tan is co-chair of the Energy and Infrastructure practice at Paul Hastings and is based in the firm’s New York office. He focuses on global finance, project development, limited recourse and structured financings, and restructurings in the energy and infrastructure sectors. Gregory represents sponsors and lenders, leading financial institutions, funds and corporations, numerous regional development banks and multilateral institutions.

Charles River Associates
Margarita Patria is a Principal in the Boston office of Charles River Associates (CRA), where her practice covers data centers, energy, artificial intelligence, and utility planning and procurement. Her work centers on energy economics, electricity market design, and data analytics, and she provides market design and analysis to utilities, ISO/RTOs, regulators, and other electricity market stakeholders.

Paul Hastings
Ashiq Aziz is Of Counsel in the New York office of Paul Hastings, practicing in the Energy & Infrastructure and Data Centers groups. He works on the development and financing of energy and infrastructure projects in the United States, Southeast Asia, and internationally, representing lenders, banks, syndication agents, funds, export credit agencies, and other financial institutions, as well as sponsors, borrowers, multinational corporations, governments, public institutions, and other investors.

Paul Hastings
Gregory Tan is co-chair of the Energy and Infrastructure practice at Paul Hastings and is based in the firm’s New York office. He focuses on global finance, project development, limited recourse and structured financings, and restructurings in the energy and infrastructure sectors. Gregory represents sponsors and lenders, leading financial institutions, funds and corporations, numerous regional development banks and multilateral institutions.

Charles River Associates
Margarita Patria is a Principal in the Boston office of Charles River Associates (CRA), where her practice covers data centers, energy, artificial intelligence, and utility planning and procurement. Her work centers on energy economics, electricity market design, and data analytics, and she provides market design and analysis to utilities, ISO/RTOs, regulators, and other electricity market stakeholders.

Paul Hastings
Ashiq Aziz is Of Counsel in the New York office of Paul Hastings, practicing in the Energy & Infrastructure and Data Centers groups. He works on the development and financing of energy and infrastructure projects in the United States, Southeast Asia, and internationally, representing lenders, banks, syndication agents, funds, export credit agencies, and other financial institutions, as well as sponsors, borrowers, multinational corporations, governments, public institutions, and other investors.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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