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April B. Kim focuses her practice on energy industry transactions, including tax equity and tax credit transactions, mergers and acquisitions, project development, and finance. April’s experience includes drafting and advising on tax equity transaction agreements, credit agreements, tax credit transfer agreements, security agreements, purchase and sale agreements, joint venture agreements, and commercial project contracts, including EPC agreements, O&M agreements, supply agreements, and power purchase agreements. April was recognized as a Top Legal Talent Under 40 by Law360 in 2023.

Concentrations

  • Mergers and acquisitions
  • Project development
  • Energy tax equity and Clean Energy Credits
  • Energy project finance
  • Cross-border transactions
  • Joint venture agreements

Capabilities

Experience

  • Representation of Enhanced Capital in one of the first syndicated investment tax credits (ITCs) transfer deals in the market with Key Capture Energy, LLC as the seller. The transaction included the transfer of ITCs to a third party (arranged by Enhanced) from three operating standalone battery energy storage projects, including two in Texas and one New York with a total capacity of 120 MW.
  • Representation of an American bank holding company in the tax equity financing of a 50 MW solar project in Maryland with a leading energy developer as sponsor.
  • Representation of M&T Bank as tax equity investor in the 103.9 MW Number Three Wind project located in Lowville and Harrisburg in Lewis County, New York with Invenergy as the sponsor.
  • Representation of U.S. Bank in its partnership flip tax equity investment in a 828 MWp/640 MWac solar project in Scurry County, Texas with Intersect Power as the sponsor.
  • Representation of U.S. Bank in its partnership flip tax equity investment in the Sun Streams 3 215 MW AC solar and 215 MW AC battery project in Arizona with Longroad as the sponsor.
  • Representation of an insurance company as purchaser of tax credits from several renewable natural gas (RNG) projects across NY, MI and CT.
  • Representation of a retail company as investor in their first tax equity financing of 11 DG solar projects in New York and Illinois, with an approximate capacity of 50 MW.
  • Representation of Korea Electric Power Corporation (the largest utility company in Korea) in the project documentation and partnership flip tax equity financing arranged by Foss of its 60 MW DC solar plus 32 MWh storage project in Guam.
  • Representation of a confidential bank in its partnership flip tax equity investment in a 50 MW AC solar project in Kentucky.
  • Representation of Pelion Green Future, a German private equity fund, in the acquisition of controlling interest in Proteus Power, a U.S. solar developer.
  • Representation of an energy company in its strategic investment in a developer, owner, and operator of distributed generation (DG) projects.
  • Representation of a leading global renewable energy developer in the construction, financing and sale of a 100 MW wind project in California.
  • Representation of Apex Clean Energy in the 70 MW Mulligan Solar project including the construction loan, tax equity financing and sale.
  • Representation of American power company in seeking a Certificate of Convenience and Necessity (CCN) authorizing to construct, own, operate, maintain and otherwise control and manage a 150 MW solar generation facility in Illinois.
  • Representation of energy client in the acquisition of multiple utility scale projects in California, Georgia, and the Northeast.
  • Representation of energy client in the sale of portfolio of operating solar assets.
  • Representation of BayWa in tax equity and construction loan of 250 MW Amadeus Wind project in Texas.
  • Representation of a California based independent power producer of utility scale solar and storage projects, in all of its project financings to date, including tax equity transactions with U.S. Bank as the tax equity investor for projects totaling 264 MW.°
  • Representation of Korean investor client in negotiating construction agreement for 60 MW solar plus storage project.°
  • Representation of private equity sponsor in a $135 million term and revolving loan financing involving a bank syndicate of a 620 MW natural gas and oil fired, power generation facility located in Connecticut.°
  • Representation of independent energy developer in the tax equity financing of a 16 MW portfolio of Massachusetts projects by Guardian Life Insurance. Representation included negotiating an intercreditor agreement with the lender, John Hancock.°
  • Representation of an affiliate of a public utility company in negotiating acquisition framework agreement and purchase agreement for sale of community solar projects to renewable energy investment arm of a top-tier investment bank.°
  • Representation of a German clean energy fund in forming joint venture vehicle and framework with a developer headquartered in North Carolina.°
  • Representation of Longroad Energy in acquisition of two Utah wind farms totaling 305.5 MW from SunEdison.°
  • Representation of Diamond Generating Corp. and its subsidiary, Rising Sun Solar, LLC in majority investment into Nexamp Inc., a developer of commercial-scale solar systems.°
  • Representation of SunEdison in the sale of its interest in a 184 MW wind project in Maine to its Yieldco affiliate, Terraform.°
  • Representation of a California based operator of renewable energy projects in roll-up transactions in connection with its initial public offering.°
  • Representation of a public utility client in assessing its impact and liability exposure in connection with the bankruptcy of one of its PPA customers, the Pacific Gas and Electric Company.°
  • Representation of a California-based investment firm that owns and manages agriculture assets in negotiating construction agreements and operations and maintenance services agreements for feed-in tariff projects.°
  • Representation of Korean National Oil Corporation (KNOC) in negotiation and documentation of joint venture with Vopak and S-Oil for $584 million project to develop oil terminal in Korea.°
  • Representation of lender participation in $1 billion offshore drillship financing.°
  • Representation of transaction involving due diligence in a $500 million acquisition of a Korean target.°
  • Representation of transaction involving due diligence of Korean subsidiary relating to $1 billion merger of two major global shipping companies.°
  • Representation of transaction involving definitive agreements for inbound convertible bond acquisition transaction.°
  • Representation of transaction involving joint venture agreement regarding exploration and development of petroleum substances in Canada.°

°The above representations were handled by Ms. Kim prior to her joining Greenberg Traurig, LLP.

  • Legal Intern, The Office of the New Jersey Attorney General, Consumer Affairs Counseling Section
  • Judicial Extern, Hon. Peter Moulton, New York City Civil Court

Recognition & Leadership

  • Selected, Law360, "Rising Stars," 2023
  • Listed, The Legal 500United States, Industry Focus > Energy: Renewable/Alternative Power, 2021-2023
  • Listed, The Best Lawyers in America, "Ones to Watch," Project Finance Law, 2022
  • Shortlisted, Euromoney Women in Business Law Awards, “Rising Star: Finance,” 2021

Credentials

Education
  • J.D., Fordham University School of Law
  • B.A., Cornell University
Admissions
  • California
  • Nevada
Languages
  • Korean, Fluent