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Biography

Vaibhav Sahay is a principal at the law firm of Mercer Thompson LLC. Prior to joining the firm, Vaib practiced both in house, at a renewable energy developer, and in private practice at top tier Canadian and global law firms. Vaib’s practice focuses on project finance, mergers and acquisitions and project development in the power industry.

Professional Experience

Mercer Thompson LLC, May 2013 – Present

  • Principal, January 2019 – Present
  • Associate, May 2013 – December 2018

Algonquin Power Co.

  • Senior Corporate Counsel, September 2012 – May 2013

McCarthy Tétrault LLP

  • Associate, February 2010 – September 2012

Linklaters LLP

  • Associate, November 2007 – December 2009 

Fraser Milner Casrain LLP

  • Associate, September 2006 – November 2007 

Representative Transactions

Project Finance

  • Counsel to Jamaican IPP in the development of 190MW gas-fired power generation facility located in Jamaica and supported client in project financing of project.
  • Counsel to a global private equity clean energy investment fund in project financing of a wind generating facility (including construction, back-leverage, and tax-equity take-out) in Texas.
  • Counsel to a global private equity clean energy investment fund in project financing of wind generating facility (including construction, back-leverage, and tax equity take-out) in Texas.
  • Counsel to a global private equity clean energy investment fund in the project financing of a wind generating facility (including construction financing and tax equity take-out) in Texas.
  • Counsel to lending syndicate in $250M project financing of 138.6MW wind farm located in Quebec, Canada.
  • Counsel to lender in $35M project financing of series of solar rooftop projects on Home Depot locations across Ontario, Canada.
  • Counsel to lending syndicate in $542M project financing of 260MW gas-fired power generating facility located in Saskatchewan, Canada.
  • Counsel to lending syndicate in $354M project financing for 166MW wind farm in Ontario, Canada.
  • Counsel to lending syndicate in $117M project financing of 48.6MW wind farm in southwestern Ontario, Canada.
  • Counsel to global infrastructure fund in both the acquisition and the financing of its acquisition of nine peaking power generation facilities throughout the southwestern US.
  • Counsel to lending syndicate in connection with the $650M project financing of a 1005MW combined-cycle generation facility located in southwestern Ontario.

Project Development

  • Counsel to major independent power producer in connection with its development of a 138MW wind farm in Thurston County, Washington State that will utilize Vestas turbines. Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents, turbine supply agreement, and long-term service and maintenance agreement.
  • Counsel to major independent power producer in connection with its development of a 100MW wind farm in Pushmatah County, Oklahoma that will utilize Vestas turbines. Representation included negotiation and drafting of turbine supply agreement and long-term service and maintenance agreement.
  • Counsel to major independent power producer in connection with its development of a 200 MW wind farm in Lyon and Osage Counties, Kansas that will utilize Siemens turbines. Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents, turbine supply agreement, and long-term service and maintenance agreement.
  • Counsel to major independent power producer in connection with its development of a 148MW wind farm in Concho County, Texas that will utilize Vestas turbines. Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents, turbine supply agreement, and long-term service and maintenance agreement.
  • Counsel to solar EPC contractor in connection with the development of a 100 MW solar project in California. Representation included negotiation of turnkey wrap EPC contract and related documents.
  • Counsel to solar EPC contractor in connection with the development of 100MW solar generation facility in California. Representation included negotiation of turnkey wrap EPC contract and related documents.
  • Counsel to solar EPC contractor in connection with development of 105MW solar generation facility in California. Representation included negotiation of turnkey wrap EPC contract and related documents.

Mergers and Acquisitions

  • Counsel to independent power producer in the acquisition of portfolio totaling 20MWs of distributed generation solar projects throughout Massachusetts. Representation included negotiation and drafting of membership interest purchase agreement and consummation of transactions.
  • Counsel to independent power producer in the acquisition of a 7MW distributed generation solar facility in Florida. Representation included negotiation, drafting, and closing of membership interest purchase agreement and consummation of transaction.
  • Counsel to client (when acting as in-house counsel at Algonquin Power Co.) in acquisition of a 109.5 MW wind generating facility located outside of Chicago, Illinois.