Darin M. Lowder

Darin Lowder is a partner and business lawyer with Foley & Lardner LLP. He is a member of the firm’s Finance Practice and the Energy Industry Team. Darin focuses his practice on energy, project finance, project development, and related tax and public financing. He works to assist clients to efficiently address unique challenges in developing and financing renewable, alternative and conventional energy projects. Darin has focused on incorporating risk mitigants such as the growing energy-related insurance products and public-private partnerships (P3) as part of the ownership and financing structures evolving in this space.

Darin has unique experience representing lenders, other financing parties, and sponsors in innovative financing structures for P3 energy project financings, private placements, and bank and non-bank lending facilities. He has assisted clients with utility-scale, residential and commercial & industrial solar power projects (including for community solar power projects incorporating energy storage components), and large-scale wind projects in addition to his familiarity with other energy project technologies including offshore wind development, LNG terminals, combined heat and power/district heating & cooling projects, biomass and biofuel projects, and other energy and alternative energy technologies.

Darin has negotiated innovative energy output and investment tax credit insurance policies for solar power projects, helped to finance numerous community solar and other distributed generation portfolios, and managed diligence efforts, financing negotiations, and documentation for large utility scale renewable and conventional fuel projects. He also regularly represents lenders in other significant non-recourse project finance transactions.

He speaks regularly on project financing, structuring renewable energy transactions, negotiating power purchase agreements, and related community solar issues. In the past two years, he has assisted clients on projects totaling over 5,000 MW (5 gigawatts) worth more than $3.2 billion.

Representative Experience*

• Represented offshore wind developer in preparing competitive bids, negotiating foreign investment, assisting with tax equity and other state and federal incentives for offshore wind projects in state and federal waters off the coast of New Jersey 
• Represented leading national lender in community solar construction, term and tax equity bridge loan financings for portfolios primarily in Massachusetts, which included SREC II and SMART program revenues, as well as battery storage
• Represented lead lender in syndicated construction, tax equity bridge loan and term debt facility for 180 MW of utility scale solar projects in Virginia and North Carolina, utilizing corporate power purchase agreement offtakers
• Represented lead lender in syndicated construction and term debt financing for $100 million cold storage project in Idaho with a leading national food producer as key customer
• Represent agent bank in private activity bond-financed utility-scale solar project for $150 million financing of 100 MW solar power project in Mississippi
• Represent a publicly traded energy project developer in the negotiation of the acquisition, long-term services agreements with, and $105 million term debt private placement financing of combined heat and power and district heating & cooling assets with a private university as host customer
• Represented agent bank in $230 million debt financing of LNG terminal facility
• Represented lead lender in syndicated construction and revolving debt facility for the construction of a modular prefabricated affordable housing manufacturing facility
• Represented agent bank on $60 million safe harbor equipment loan financing
• Represented project developer in first tax equity financing of community solar portfolio in the U.S., totaling over 15 MW of solar PV projects
• Represented agent bank in $660 million financing of a 550 MW wind project portfolio
• Represented a publicly traded energy project developer in the non-recourse bank financing of a 70 MW solar PV generation project
• Represented a solar project developer negotiating with a local utility for a 75 MW solar power project in Puerto Rico

* Certain representations undertaken prior to joining Foley & Lardner LLP

Recognition

Darin was previously recognized by The District of Columbia Court of Appeals and Superior Court of the District of Columbia to the Capital Pro Bono Honor Roll.

Selected Publications and Presentations

• Speaker, “Top 10 Construction Loan Provisions,” UT Renewable Energy Law Institute (February 2023)
• Moderator, “The M&A Landscape,” Infocast Projects & Money Conference (January 2023)
• Panelist, “Renewable Energy Financing: Minority Investor and Lender Protections, Exit Options, Key Considerations,” Strafford Webinar (August 2022)
• Moderator, “The Financing Outlook for 2022,” Infocast Projects & Money Conference (January 2022)
• Co-Author, “As EV Adoption Rises, EV Infrastructure May Be Approaching Its Inflection Point,” Foley Insights (January 2022)
• Panelist, “Renewable Energy Projects: Negotiating Power Purchase Agreements,” Strafford webinar (November 2021)
• Moderator, “Looking Toward the Future of Financing,” Infocast Wind, Solar, and Beyond Webinar Series (March 2021)
• Moderator, “An Overview of the Fundamentals of Partnership Opportunities to Outsource Sustainable Energy Assets,” Monetizing Campus Energy Assets Part 1, Foley Renewable Energy Webinar Series (February 2021)
• Co-author, “A Reminder that Power Purchase Agreements may be Subject to Consumer Protection Laws,” Renewable Energy Outlook (February 2021)
• Panelist, “Solar Securitization: Leveraging Alternative Financing Without Jeopardizing Existing Investor Tax Breaks,” Strafford webinar (June 2020)
• Panelist, “Renewable Energy Projects: Negotiating Power Purchase Agreements,” Strafford webinar (April 2020)
• Co-author, “Coronavirus Impact on Construction of Energy Projects,” Renewable Energy Outlook, Foley & Lardner LLP blog (April 2020)
• Moderator, “Impacts of COVID-19 on the Renewable Energy Industry – Recent Legislation and Effects on the Supply Chain and Construction,” Foley & Lardner LLP webinar (April 2020)
• Co-author, “Massachusetts DOER Announces COVID-19 SMART Program Extension; Releases Proposed Emergency Regulations for Public Comment,“ Renewable Energy Outlook, Foley & Lardner LLP blog (April 2020)
• Co-author, “Highlights of Foley’s Community Solar Webinar,” Renewable Energy Outlook, Foley & Lardner LLP blog (February 2020)
• Speaker, “Structuring Virtual Power Purchase Agreements: Transaction Risks, Regulatory Considerations,” Strafford webinar (November 2019)
• Speaker, “Financing Community Solar – A Growing Market,” Foley & Lardner LLP webinar (October 2019)
• Moderator, “Maximizing Solar Tax Credits – Navigating the Start of Construction Rules (Part II),” Foley & Lardner LLP webinar (October 2019)
• Co-author, “Upcoming Webinar: Maximizing Solar Tax Credits – Navigating the Start of Construction Rules (Part 1),” Renewable Energy Outlook, Foley & Lardner LLP blog (September 2019)
• Co-author, “Solar Construction Costs Continue Historic Decline, Providing Cushion Against Trade Disputes,” Renewable Energy Outlook, Foley & Lardner LLP blog (September 2019)
• Moderator, “Maximizing Solar Tax Credits – Navigating the Start of Construction Rules (Part I),” Foley & Lardner LLP webinar (September 2019)

Education

• George Mason University School of Law (J.D., 2006)
• Stanford University (M.A., 1994)
• Brigham Young University (B.A., 1993)

Admissions

• Virginia
• Washington, D.C.