James M. Berger

Partner
Norton Rose Fulbright US LLP

Los Angeles
United States
T:+1 213 892 9385
Los Angeles
United States
T:+1 213 892 9385
James M. Berger

James M. Berger

vCard

Related services and key industries


Biography

James Berger represents sponsors, lenders, equity investors and government agencies in connections with the financing and development of energy projects, with an emphasis on renewable energy.  He also has experience with the organization and operation of a wide variety of private equity funds.


Professional experience

Expand all Collapse all

JD, magna cum laude, Order of the Coif, Georgetown University Law Center, 2009
BA, cum laude, Kenyon College, 2006

  • California State Bar
  • New York State Bar
  • Represented the lenders in connection with the back-leverage financing of a 40MW solar project in California.
  • Represented the lenders in connection with the construction and term financing of a 67.5MW solar project in Mississippi.
  • Represented the sponsor in connection with the tax equity financing of a 160MW wind project in Texas.
  • Represented a pension fund  in connection with the acquisition of equity interests in a portfolio of tax equity partnerships that own approximately 38,000 solar systems.
  • Represented the lenders in connection with the financing of the Block Island Wind Farm, the first utility-scale offshore wind farm in the United States. The 30 MW project off the coast of Block Island, Rhode Island generates over 125,000 MWh annually, enough to power over 17,000 homes.
  • Represented the lender in connection with the debt financing of Apex Clean Energy's 217 MW renewable portfolio deal, which consists of the 50.4 MW Cotton Plains Wind and 151.2 MW Old Settler Wind projects under construction in Floyd County, Texas, and the 15.4 MW Phantom Solar facility under construction at US Army Garrison Fort Hood in Killeen, Texas
  • Represented the sponsor in connection with the back-leverage financing of a portfolio of community solar projects.
  • Represented the sponsor in connection with the back-leverage financing of a portfolio of commercial and industrial solar projects.
  • Represented the sponsor in connection with the tax equity financing of two wind farms in California.
  • Represented the lenders in connection with the construction and holdco financing of a 107MW solar project in California.
  • Represented the lenders in connection with a revolving credit facility to be used to develop and acquire solar projects
  • Represented the construction and holdco lenders in connection with the financing of the second phase of a 300 MW wind farm in Texas
  • Represented the holdco lenders in connection with the financing of a 300 MW wind farm in Oklahoma
  • Represented the construction and holdco lenders in connection with the financing of the first phase of a 300 MW wind farm in Texas
  • Represented NRG Energy, Inc. in connection with the tax equity financing of 12 operating wind farms located in eight states with a combined capacity of 947 MW, monetizing future tax attributes that will be generated primarily by wind projects acquired out of bankruptcy from Edison Mission Energy and is structured to preserve NRG's ability to monetize the cash flows from these assets through transfers to NRG's recently-formed yield-co, NRG Yield Operating LLC.
  • Represented the holdco lender in connection with the holdco financing of a solar and wind project in Arizona.
  • Represented the sponsor in connection with the acquisition and construction and tax equity financing of a solar project in Nevada.
  • Represented Atlantic Power Limited Partnership and its subsidiaries, which own 17 power generation facilities in the US and Canada, in connection with a $600M Term Loan B and $210M Revolving Credit Facilities.
  • Represented the lenders in connection with the holdco financing of a portfolio of solar projects in California.
  • Represented the sponsor in connection with the construction and tax equity financing of a wind farm in Texas.
  • Represented the lead arranger, administrative agent and lenders in connection with the construction financing of a 700MW gas-fired power plant located in New Jersey.
  • Represented the lender and agent in connection with a debt financing used to recapitalize a portfolio of residential solar systems.
  • Represented the lender in connection with the financing of a portfolio of solar projects located in the northeast.
  • Represented the lenders and letter of credit issuer in connection with the $331 million project financing of a portfolio of three existing wind farms in Texas and Pennsylvania with a combined capacity of 432 megawatts.
  • Represented the sponsor group in connection with the formation of a private equity fund focused on late stage investments in clean technology.
  • Represented the purchaser of solar panels in a transaction structured to qualify for cash grants from the U.S. Treasury. 
  • Represented Siemens Financial Services, Inc. in connection with the financing of Pattern Energy's 101.3 MW Santa Isabel wind project located in the municipality of Santa Isabel on the southern coast of Puerto Rico, the first major wind project in Puerto Rico.
  • Represented Siemens Financial Services, Inc., Crédit Agricole Corporate and Investment Bank, and Union Bank, N.A. in connection with the financing of Pattern Energy's 151.8 MW Spring Valley wind project, located near Ely, Nevada, the first major wind project in Nevada.
  • Represented Metropolitan Life Insurance Company and MetLife Capital Credit, as the sole lender and tax equity investor, in connection with the financing of a 24MW solar photovoltaic power plant under construction in Puerto Rico. 
  • Represented Overseas Private Investment Corporation and Export-Import Bank of the United States as senior lenders to Pannonia Ethanol, an ethanol facility in Hungary.
  • Represented the sponsor in connection with the development of a power plant in Jamaica.
  • Represented a sponsor group in connection with a private equity fund focused on investments in Mexico.
  • Represented several high net-worth investors in connection with investments in numerous private equity funds. 
  • Represented Southern Cross Group in connection with the formation of a $1.68 billion private equity fund.
  • Top Under 40, California Journal, Daily Journal Corporation, 2019
  • "Tax equity primer for back-levered lenders," Project Finance NewsWire, February 2018
  • "Holdco Loans; Trends and Issues," Project Finance NewsWire, June 2017
  • "Lessons From Community Solar Financings," Project Finance NewsWire, December 2016
  • "Current Issues in Holdco Loans," Project Finance NewsWire, November 2014
  • "Principal Project Development and Operating Contracts," Rocky Mountain Mineral Law Foundation White Paper, November 2013
  • "Accelerating The (Commercial) PACE," Project Finance NewsWire, June 2013
  • "Investing in Negawatts," Project Finance NewsWire, February 2013
  • "Investing in negawatts - investing capital in energy efficiency as government incentives expire for renewable energy," Project Finance Newswire, February 2013
  • "Navigating Ever-changing SREC Markets," North American Clean Energy, November/December 2012
  • Co-author, "US Cellulosic Ethanol Mandate Under Attack," Biofuels International, May 2012
  • "Driven to Succeed," The Deal Magazine, April 25, 2011
  • "Solar Market Expanding in Pennsylvania," Project Finance Newswire, November 2010
  • "Solar Market Expanding in Pennsylvania as a result of an "alternative energy portfolio standard” adopted in 2004," Project Finance Newswire, November 2010
  • "Next Generation Vehicles: Opportunities and Obstacles," Bloomberg Law Reports', November 8, 2010
  • Moderator, "Competing with Solar Power," Wind Power Finance & Investment Summit, San Diego, CA, February 6, 2018
  • Co-Instructor, "Tax Equity",  Project Finance Documentation, Denver, CO, November 1-2, 2017
  • Chair, "Project Finance Structures and Debt", Project Finance Documentation, Denver, CO, November 1-2, 2017
  • Moderator, "Residential Market Outlook," Solar Connect, San Diego, CA, October 2, 2017
  • Chairman, "Where to Look for Upcoming Opportunities in Utility Scale, C&I and Residential Solar," Solar Connect, San Diego, CA, October 2, 2017
  • Moderator, "Energy Storage Risks," Global Energy and Finance Conference, Half Moon Bay, CA, June 9, 2017
  • Moderator, "The Financing Outlook," Utility Scale Solar, San Diego, CA, October 20, 2016
  • Presenter,  "Financing Port Energy Projects. Presenter," American Association of Port Authorities, Energy and Environment Seminar, Vancouver, BC, September 14, 2016
  • Moderator, "What can Renewable Energy and Other Developers Bring to the Table," Transmission Summit West 2015, San Diego, CA, September 30, 2015
  • Moderator, "Financing Transmission Expansion," Transmission Summit West 2015, San Diego, CA, September 29, 2015
  • Moderator, "Power Industry Transformation--Restructuring 2.0," Solar Power Finance & Investment Summit 2015, San Diego, CA, March 24, 2015
  • Presenter, "Get Fit for Financing," 4th Utility Scale PV Plant Optimization, San Jose, CA, September 26, 2013
  • Presenter, "Project Finance: Current State of the Market," Project Finance: The Tutorial, New York, NY, September 24, 2013
  • Presenter, "Solar Finance Task Force Working Group," Agrion, New York, NY, June 24, 2013
  • Moderator, "Buying and Selling Distributed Solar Projects," Distributed Solar East Summit 2013, Washington, DC, June 6, 2013
  • Moderator, "Market Environment and Business Opportunities (Massachusetts, Vermont, Connecticut and Rhode Island)," Distributed Solar East Summit 2013, Washington, DC, June 4, 2013
  • Presenter, "Structuring Hybrid Deals and Financings to Attract Institutional and Long-Term Investors," Project Finance: The Tutorial, New York, NY, February 27, 2013
  • Moderator, "Eastern Market Opportunity and Business Landscape Update (New Jersey and Pennsylvania)," Distributed Solar Summit, San Diego, CA, November 13, 2012
  • Presenter, "New Innovative Programs in Eastern Markets, Market Opportunity and Business Landscape (New York and Connecticut)," Distributed Solar Summit, San Diego, CA, November 13, 2012
  • Chair, "Project Finance: The Tutorial, Advance Course: Structuring Your Project--Doing it Right in the 2012 Market," New York, NY, September 21, 2012
  • Chair, "Project Finance: The Tutorial," New York, NY, September 19-20, 2012
  • Moderator, "SRECs: Policy, Structure and Outlook," Distributed Solar East 2012, Somerset, NJ, April 27, 2012
  • Editor-in-Chief, Georgetown International Environmental Law Review, 2009

Knowledge

California update

Publication | August 9, 2018

California update

Publication | June 5, 2018

Tax equity primer for back-levered lenders

Publication | February 20, 2018

Holdco loans: trends and issues

Publication | June 2017