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Minters, Freehills, Allens, share wind farm deal

Minter Ellison has acted as a legal adviser to a major superannuation fund and UBS on their combined acquisition of Collgar Wind Farm in Western Australia.

user iconThe New Lawyer 27 April 2010 Big Law
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MINTER Ellison has acted as a legal adviser to a major superannuation fund and UBS on their combined acquisition of Collgar Wind Farm in Western Australia.

Law firm Freehills was the target legal adviser, and Allens Arthur Robinson was the legal adviser to the banks on the deal.

Minters, meanwhile, did legal due diligence, negotiation and documentation of equity commitment, and the consortium arrangements between UBS and REST.

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The $740 million acquisition are being financed one-third by equity and the rest by debt.

The company formed by Retail Employees Superannuation Trust (REST) and UBS International Infrastructure Fund has acquired Collgar Wind Farm Pty Ltd (Collgar), the developer of the 206MW Collgar wind farm project. The project was acquired from Investec Bank (Australia) Limited.

The providers of the debt facilities are the Danish Export Credit Agency (EKF), under a 19-year tranche, and ANZ, CBA, NAB, Westpac and WestLB, under a five-year commercial bank tranche, Minter Ellison anounced. The continuation of the EKF tranche is dependent on the successful refinancing of the commercial bank tranche.

Collgar has secured a 15-year agreement with Western Australian Government-owned Synergy for the sale of 100 per cent of its output of electricity and Renewable Energy Certificates.

Collgar has contracted with Vestas Wind Systems A/S, the world’s largest wind turbine manufacturer, for turbine supply, construction and the ongoing operation and maintenance of the facility, which includes 111 units of V90-1.8/2.0 MW turbines.

The 206MW greenfield wind farm is scheduled for completion in 2012. It is Western Australia's largest renewable energy project and the first substantial renewable facility in WA to achieve financial close since November 2005.

The wind farm will provide clean, renewable electricity to the South West Interconnected System in Western Australia.


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