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This legal opinion document provides guidance on the requirements for a contract for difference (cfd) agreement between a generator and the cfd counterparty. It outlines the key elements that must be examined, including the generator's incorporation, board resolutions, and insolvency status. The opinion is issued by the cfd counterparty and is not a binding form, but rather an illustration of an acceptable format. Drafted based on the assumption that the generator is a company incorporated in england and wales. It highlights the scope and limitations of the legal opinion, as well as the assumptions made in its preparation.
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Page 1 of 4 Template LEGAL OPINION This is a sample legal opinion for the purpose of paragraph (A) of Part A (Initial Conditions Precedent) of Schedule 1 (Conditions Precedent) to the Contract for Difference Standard Terms and Conditions. It is issued by the CfD Counterparty as guidance. It is not a binding form and is merely an illustration of a form of opinion that is currently likely to be acceptable to the CfD Counterparty. This form of legal opinion is drafted on the basis that the Generator is a company, incorporated in England and Wales. [ Generator’s Unique Reference Number ] To: Low Carbon Contracts Company Ltd Fleetbank House 2 - 6 Salisbury Square London EC4Y 8JX ( as the “ CfD Counterparty ”). [ Date ] Dear Sirs, Contract for Difference relating to [name of Project] Introduction
(B) the Searches are not conclusive as to whether or not insolvency proceedings have been commenced in relation to the Generator or any of its assets. For example, information required to be filed with the Registrar of Companies or the Central Registry of Winding up Petitions is not in all cases required to be filed immediately (and may not be filed at all or on time); once filed, the information may not be made publicly available immediately (or at all); information filed with a District Registry or County Court may not, and in the case of administrations will not, become publicly available at the Central Registry; and the Searches may not reveal whether insolvency proceedings or analogous procedures have been commenced in jurisdictions outside England and Wales. Yours faithfully,