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OFFSHORE WIND ENERGY KROMANN REUMERT LEADS THE WAY

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offshore wind energy<br />

kromann reumert leads the way<br />

1


Offshore wind energy has grown into<br />

a trustworthy and practical energy<br />

resource and it is increasing its share<br />

of the accumulated yearly installed<br />

wind energy capacity.<br />

The offshore wind energy market<br />

The EU member states have agreed that by 2020, 20%<br />

of all EU energy consumption must come from renewable<br />

energy sources.<br />

A substantial portion hereof is expected to come from wind<br />

energy. According to EWEA the EU member states have,<br />

as per September 2012, passed the milestone of having<br />

installed 100 GW of wind power capacity. Hereof, the offshore<br />

wind power capacity in Europe constitutes less than<br />

5 GW.<br />

Compared to fossil fuels, wind power has the advantage<br />

that it is clean, provides energy security, its relatively easy to<br />

ramp-up and it ensures many local jobs, However, in times<br />

where it is becoming challenging to find appropriate high<br />

wind onshore sites in most countries there is an enormous<br />

potential for high wind offshore sites. In general the offshore<br />

sites show impressive capacity factors compared to<br />

onshore sites.<br />

Offshore wind energy has grown into a trustworthy and<br />

practical energy resource and it is increasing its share of the<br />

accumulated yearly installed wind energy capacity.<br />

The offshore wind industry is, and has been, focusing<br />

on developing the business model for offshore wind and<br />

addressing the main challenges that are:<br />

• grid infrastructure<br />

• sourcing of vessels<br />

• subsea-cabling<br />

• foundations<br />

• ensuring a specialized and skilled workforce and<br />

• in general to reduce the cost of offshore wind energy.<br />

Until 2001 the offshore wind energy market was very small<br />

and its growth was irregular. Since then the offshore market<br />

has witnessed a very rapid growth and the growth has<br />

kept an impressive momentum during the financial crisis.<br />

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“Since 2008 we have invested massively in off-shore wind and<br />

are today considered the leading utility company in off-shore<br />

wind worldwide. During the last five years we have concluded<br />

a large number of very complex sourcing- and partnership contracts,<br />

including large scale framework agreements in our quest<br />

to industrialize the construction of off-shore wind farms and<br />

reducing the cost of energy in off-shore wind.<br />

Kromann Reumert has been instrumental in this process and<br />

their extensive knowledge of the off-shore wind business<br />

combined with an valuable understanding of balancing legal<br />

and commercial interests and an impressive client management<br />

approach has made Kromann Reumert a highly valued and<br />

trusted legal and commercial advisor to DONG Energy.”<br />

Kromann Reumert’s<br />

Wind Energy Law group<br />

Kromann Reumert has for many years had a very strong<br />

team of specialized attorneys dedicated to offshore wind<br />

energy projects. We have assisted in purchase, sales,<br />

financing (project and capital markets) and investment in a<br />

large number of offshore wind energy projects in different<br />

European countries.<br />

We represent and assist a broad group of stakeholders in<br />

the field of offshore wind energy projects. Our offshore<br />

wind energy related clients include utilities, developers,<br />

investment companies, banks, pension funds and other<br />

institutional investors.<br />

We are committed to providing practical advice that helps<br />

our clients in achieving commercially successful solutions.<br />

We have been part of developing innovative solutions for<br />

the offshore wind industry that optimizes the business case<br />

certainty and reduces the cost of offshore wind energy.<br />

We have advised on, among others:<br />

• frame agreements for purchase of offshore wind turbines<br />

• supply and service agreements of offshore wind turbines<br />

• offshore foundation, cabling and sub-station<br />

construction contracts<br />

• charter parties for seismic vessels, installation vessels,<br />

crew boats and marine spreads<br />

• off shore wind charter parties<br />

• base port contracts and other necessary supply chain<br />

agreements<br />

• joint venture agreements<br />

• power purchase agreements<br />

• financing (non-recourse)<br />

• the sale and purchase of wind energy projects<br />

• project management<br />

• claims and dispute resolution<br />

Peter Østergaard Nielsen,<br />

Head of Legal Sourcing & Strategic Contracts, DONG Energy.<br />

4 5


Projects we have assisted with<br />

Project Country MW Operational / Under Construction / Pending<br />

Nysted Denmark 166 Operational<br />

Horns Rev Denmark 160 Operational<br />

Horns Rev 2 Denmark 209 Operational<br />

Anholt Denmark 400 Under Construction<br />

Borkum<br />

Riffgrund 1 Germany 320 Pending<br />

Meerwind Germany 288 Under Construction<br />

Q7 Holland 120 Operational<br />

Belwind Belgium 165 Operational<br />

Northwind Belgium 216 Under Construction<br />

Gunfleet<br />

Sands 1 UK 108 Operational<br />

Gunfleet<br />

Sands 2 UK 65 Operational<br />

Barrow UK 90 Operational<br />

Burbo Banks UK 90 Operational<br />

London Array UK 630 Under Construction<br />

Lincs UK 270 Under Construction<br />

Walney 1 UK 184 Operational<br />

Walney 2 UK 184 Operational<br />

In addition Kromann Reumert is currently involved in offshore wind power projects with a capacity of more<br />

than 2000MW.<br />

6 7


Legal 500, 2012<br />

Anders Stubbe Arndal and his team at Kromann Reumert<br />

provide ‘quick response times and good industry knowledge’.<br />

The group is advising DONG Energy on the sale of a<br />

50% equity interest in the Nysted offshore wind farm and<br />

on the divestment of its oil terminals business to Canadian<br />

InterPipeline; and the Danish Energy Association on compliance.<br />

René Dejbjerg Pedersen is ‘service-minded, fast and<br />

responsive’, and Jens Blomgren-Hansen is ‘professional and<br />

commercial’.<br />

Legal 500, 2012<br />

BANKING AND FINANCE<br />

CAPITAL MARKETS<br />

DISPUTE RESOLUTION<br />

EU AND COMPETITION<br />

EMPLOYMENT<br />

<strong>ENERGY</strong><br />

ENVIRONMENT<br />

INFORMATION TECHNOLOGY<br />

INSOLVENCY<br />

INSURANCE<br />

INTELLECTUAL PROPERTY<br />

MEDIA AND ENTERTAINMENT<br />

MERGERS AND ACQUISITIONS<br />

REAL ESTATE AND CONSTRUCTION<br />

SHIPPING AND TRANSPORT<br />

TAX<br />

TELECOMS<br />

<strong>KROMANN</strong> <strong>REUMERT</strong><br />

FIRST TIER FIRM<br />

SECOND TIER FIRM<br />

8 9


Recent<br />

deals<br />

SELECTED<br />

TRANSACTIONS<br />

DONG Energy A/S, A2SEA A/S<br />

Kromann Reumert assisted DONG Energy Power A/S with<br />

the purchase of A2SEA A/S from LD Equity, DKA, Clipper<br />

and a number of smaller shareholders. A2SEA is the world<br />

leader in the erection of offshore wind farms, owning<br />

a fleet of vessels designed especially for this purpose.<br />

Kromann Reumert assisted with the preliminary negotiations,<br />

and later with due diligence and negotiations as well<br />

as the preparation of documentation.<br />

DONG Energy A/S, NYSTED and ANHOLT<br />

Kromann Reumert assisted DONG Energy in structuring and<br />

completing the first ever pension fund investments into<br />

offshore wind farms when Pension Danmark in September<br />

2010 agreed to acquire from DONG Energy a 50 % ownership<br />

interest in the 165.6 MW Nysted offshore wind farm and<br />

further in 2011 when Pension Danmark and PKA agreed<br />

to acquire a 50% ownership in the 400 MW Anholt<br />

offshore wind farm. The agreements are anticipated to pave<br />

the way for further pension fund investments in offshore<br />

wind farm assets.<br />

EKSPORT KREDIT FONDEN – C-POWER/<br />

THORNTON BANK OFF-SHORE <strong>WIND</strong> PROJECT<br />

Kromann Reumert advised EKF regarding its share<br />

of the EUR 1.16 billion syndicated non-recourse<br />

financing to the C-Power/Thornton Bank off-shore<br />

wind project in the North Sea.arrangers; a financing<br />

project of EUR 219 million.<br />

<strong>THE</strong> FINANCING OF OFF-SHORE<br />

<strong>WIND</strong> PARK NORTH<strong>WIND</strong><br />

Kromann Reumert advised ONDD (Belgium), GIEK<br />

(Norway) and EKF (Denmark) in the EUR 634 mio<br />

non-recourse project financing of the 216mw Northwind<br />

offshore wind power plant (Belgium). The financing<br />

was completed in the second quarter of 2012.<br />

Belwind offshore wind park<br />

Kromann Reumert assisted Eksport Kredit Fonden<br />

in connection with the financing of the Belwind<br />

wind farm, a 165 MW offshore wind farm in Belgium.<br />

DONG <strong>ENERGY</strong> – SALE OF 50 PER CENT OF <strong>THE</strong><br />

GERMAN <strong>OFFSHORE</strong> <strong>WIND</strong> BORKUM<br />

Kromann Reumert advised DONG Energy in its sale<br />

of 50 per cent of the German offshore wind Borkum<br />

Riffgrund 1 to the LEGO Group’s parent company,<br />

KIRKBI A/S, and the Oticon Foundation, via its<br />

investment company, William Demant Invest A/S for<br />

a total sum of DKK 4.7 billion. The transaction was<br />

announced 23 February 2012.<br />

Eksport Kredit Fonden,<br />

Q7 offshore wind farm<br />

Kromann Reumert assisted Eksport Kredit Fonden in<br />

connection with the financing of the erection and<br />

operation of the Q7 wind farm in the Netherlands<br />

together with Rabobank and Dexia Crédit Local as<br />

authorised lead arrangers; a financing project of<br />

EUR 219 million.<br />

EKSPORT KREDIT FONDEN –<br />

MEER<strong>WIND</strong> OFF-SHORE <strong>WIND</strong> FARM<br />

Kromann Reumert advised EFK regarding the total investment<br />

of EUR 1.2 billion – equipment orders placed<br />

immediately, construction to be completed by 2013.<br />

Danish pension providers.<br />

Frame Agreement between DONG Energy A/S<br />

and Siemens Wind Power<br />

Kromann Reumert advised and assisted DONG Energy A/S<br />

in the negotiations of the 2009 frame agreement between<br />

DONG Energy A/S and Siemens Wind Power A/S for the<br />

purchase of 500 units of the 3,6 MW Siemens offshore<br />

wind turbine. This frame agreements was the world’s<br />

largest offshore wind power frame agreement. Again in<br />

2012, Kromann Reumert has advised and assisted Dong<br />

Energy A/S in the negotiations with Siemens Wind Power<br />

for a new frame agreement for offshore wind power. This<br />

time the frame agreement regulates the purchase of 300<br />

units of the 6 MW Siemens offshore wind turbine.<br />

10 11


Banking and<br />

Finance Law<br />

Data<br />

Protection<br />

Law<br />

FOOD LAW<br />

INTERNATIONAL<br />

TRADE LAW<br />

Maritime and<br />

Transportation<br />

law<br />

Real estate and<br />

PROCUREMENT Public Law<br />

Construction Law<br />

SHIPPING<br />

Succession<br />

Planning<br />

Capital Markets<br />

EMPLOYMENT AND<br />

LABOUR LAW<br />

GERMAN DESK<br />

IP<br />

MERGERS AND<br />

ACQUISITIONS<br />

tax LAW<br />

COMMERCIAL AND<br />

COMPANY LAW<br />

Energy Law<br />

GREENLANDIC<br />

LAW<br />

IT AND<br />

OUTSOURCING<br />

MERGERS AND<br />

ACQUISITIONS – TECH-<br />

NOLOGY AND MEDIA<br />

TELE-<br />

COMMUNICATIONS<br />

COMPETITION LAW<br />

environmental<br />

Law<br />

Insolvency and<br />

ReSTRUCTURING<br />

Life Science –<br />

Pharmaceuticals<br />

and Biotech<br />

OUTBOUND<br />

SERVICES<br />

Compliance, CSR<br />

and Corporate<br />

Governance<br />

FINANCIAL<br />

REGULATION AND<br />

ASSET MANAGEMENT<br />

INSURANCE AND<br />

TORT LAW<br />

LITIGATION AND<br />

ARBITRATION<br />

PRIVATE CLIENTS<br />

sportS,<br />

mediER AND<br />

entertainment<br />

Kromann Reumert sets the standard<br />

Kromann Reumert is Denmark’s premier law firm with<br />

offices in Copenhagen, Aarhus, London and Brussels. As at<br />

1 September 2012, we have approximately 600 dedicated<br />

employees of whom over 320 are lawyers, working together<br />

as a team to service our clients. Our practice currently<br />

covers 33 different business areas. However, to ensure<br />

that we fully meet our clients’ needs we continuously<br />

review and develop the areas we cover. Our objective is to<br />

be Denmark’s premier legal adviser within each business<br />

area. Good is not good enough – it is our vision to set the<br />

standard in the legal profession.<br />

“One-stop shop” services<br />

At Kromann Reumert, each of the business areas is undertaken<br />

in separate practice groups. Each practice group<br />

area is headed by a partner, who works closely together<br />

with the other partners and lawyers in the practice group<br />

to develop our skills and deepen our knowledge in that<br />

particular area. Having so many specialist skills gathered<br />

in one firm enables us to constantly renew our services<br />

and stay up to date with emerging trends in Denmark and<br />

internationally.<br />

Interdisciplinary expert teams<br />

There will be occasions, though, where our clients will<br />

need access to experts across more than one practice<br />

group. When this need arises, our practice groups work<br />

together to provide seamless service across the different<br />

areas. We place particular importance on the ability of our<br />

lawyers (from whatever practice group) to understand the<br />

commercial aspects of each individual case, to the benefit<br />

of our clients. It is our mission to provide focused, valueadded<br />

solutions and advice.<br />

Equal division<br />

It is a fundamental principle among Kromann Reumert’s<br />

partners that the firm’s profits are divided equally. This<br />

principle ensures that there is never any internal competition<br />

between partners or the different groups and that<br />

we are always in a position to allocate the best available<br />

resources – in terms of professional skills and time – to<br />

each case.<br />

The client in focus<br />

Kromann Reumert provides legal advice which is practical,<br />

relevant and individually tailored to meet the specific needs<br />

of each client. We believe that the best advice is achieved by<br />

working in close cooperation with our clients and developing<br />

a thorough knowledge of their business. This enables us to<br />

provide clients with solutions that are workable and which<br />

add value to their business in the short and long term. We<br />

strive to take a proactive approach, especially if we believe<br />

that there are impending changes to legislation or to administrative<br />

or legal practices that may be relevant to the client.<br />

In our experience, flexibility and availability are key elements<br />

of a lasting working relationship, and our work focuses on<br />

providing the client with operational solutions.<br />

13


Stay updated<br />

Subscribe to our newsletters at www.kromannreumert.com<br />

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CVR.NR. 62606711 . REG.ADR.: SUNDKROGSGADE 5 . DK-2100 KØBENHAVN Ø<br />

<strong>KROMANN</strong> <strong>REUMERT</strong><br />

COPENHAGEN - dEnmark<br />

Sundkrogsgade 5<br />

DK-2100 COPENHAGEN Ø<br />

PHONE +45 70 12 12 11<br />

cph@kromannreumert.com<br />

London - ENGLAND<br />

42 New Broad Street<br />

London EC2M 1JD<br />

PHONE +44 207 920 3030<br />

LON@kromannreumert.com<br />

AArhus - dEnmark<br />

Rådhuspladsen 3<br />

DK-8000 Aarhus C<br />

PHONE +45 70 12 12 11<br />

arh@kromannreumert.com<br />

BruSSELS - BELGIUM<br />

Rue du Luxembourg 3<br />

B-1000 BruSSELS<br />

PHONE +32 2 501 07 00<br />

bru@kromannreumert.com<br />

Kromann Reumert’s vision is ”We set the standard”. Good is not enough - we want to be the best. We provide value-adding solutions and advice<br />

with full involvement and commitment. We get there by focusing on quality, business know-how, spirited teamwork, and credibility. We are<br />

Denmark’s leading law firm, employing approximately 580 staff members, 300 of whom are lawyers. Our offices are located in Copenhagen,<br />

Aarhus, London, and Brussels.<br />

www.kromannreumert.com<br />

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