Devan Falconer

Associate
Norton Rose Fulbright South Africa Inc

Johannesburg
South Africa
T:+27 11 301 3443
Johannesburg
South Africa
T:+27 11 301 3443
Devan Falconer

Devan Falconer

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Related services and key industries


Biography

Devan is a projects, banking and finance lawyer based in Johannesburg. He focuses on project finance, financial restructuring, acquisition finance and general banking and finance-related work. He has been involved in a number of transactions under the South African Renewable Energy Independent Power Producer Procurement Program (REIPPPP), Battery Energy Storage Systems Independent Power Producer Procurement Programme (BESSIPPP) and has experience assisting on local and cross-border transactions advising commercial banks, development finance institutions, borrowers and sponsors.

Devan joined the firm in 2020 as a Candidate Attorney and was appointed as an Associate in 2022. He holds a BCom Law, LLB and BCom (Honours) Taxation from the University of Pretoria. Devan was recognised as a Key Lawyer: Projects and Infrastructure by Legal 500 in 2024.


Professional experience

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  • Attorney, qualified in South Africa 2022
  • Infinity Power (SA and cross border)(2023): Assisted the lead legal advisor on advising Infinity Power Holding B.V. on the financing and acquisition of 100% shareholding of Lekela Power, totalling 1 GW of wind power in South Africa, Egypt and Senegal and 1.8GW of pipeline projects resulting in Infinity power being the largest renewable energy company on the African continent.
  • Red Rocket Energy (SA)(2024): Assisted the lead legal advisor on advising the Red Rocket sponsor group on the commercial close and financial close of the 240MW solar photovoltaic facility following award as Preferred Bidder under Round 6 of the REIPPP Programme.
  • Standard Bank(SA)(2023): Assisted the lead legal advisor on advising The Standard Bank of South Africa Limited on a first-of-its-kind financing of a carbon credit project with The African Stove Company.
  • Pele Green Energy(SA)(2023): Assisted the lead legal advisor on advising the Pele Green Energy and its subsidiaries on the Sithala facility, a ZAR2.5 billion landmark transaction enabling the expansion of the Pele Energy Group operating portfolio.
  • Pele Green Energy(SA)(2024): Assisted the lead legal advisor on advising the Pele Green Energy on the project financing for 520MW of wind and solar photovoltaic projects whereby the energy will be sold to private offtakers via an aggregator set up.
  • Enel Green Power(SA)(2023): Assisted the lead legal advisor on advising the lead legal advisor on all financing and corporate related aspects of the sale of shareholding in five wind power plants as part of the process of increasing Black ownership within the agreed REIPPPP framework as well as the rearrangement of equity.
  • Standard Bank and Nedbank(SA)(2022): Assisted the lead legal advisor on advising the refinancing of the 135MW ACED Cookhouse wind farm under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Standard Bank(SA)(2022): Assisted the lead legal advisor on advising the refinancing of the 80MW Kouga wind facility under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Standard Bank(SA)(2022): Assisted the lead legal advisor on advising the refinancing of the 28MW Soutpan solar photovoltaic facility under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Standard Bank(SA)(2023): Assisted the lead legal advisor on advising the refinancing of the 26.19MW Metrowind Van Stadens wind farm under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Standard Bank(SA)(2023): Assisted the lead legal advisor on advising the refinancing of the 11MW Aries solar photovoltaic project under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Standard Bank(SA)(2023): Assisted the lead legal advisor on advising the refinancing of the 11MW Konkoonsies solar photovoltaic project under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Nedbank(SA)(2023): Assisted the lead legal advisor on advising the refinancing of the 10MW De Aar solar photovoltaic project under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Nedbank(SA)(2023): Assisted the lead legal advisor on advising the refinancing of the 20MW Prieska solar photovoltaic project under the REIPP Procurement Programme that was awarded preferred bidder status under Phase 1.
  • Enel Green Power(SA)(2022): Assisted the lead legal advisor in advising the developer on bid submission of 3 BESS projects under the first round of the BESIPPP Programme.
  • Infinity Power(SA and cross border)(2023): Assisted the lead legal advisor on advising Infinity Power Holding B.V. on the extension of the Guarantee Facility in terms of Infinity Power will be able to procure the issuance of guarantees as part of their renewable energy projects expansion.
  • Infinity Power(SA)(ongoing): Assisting the lead legal advisor in advising the Sponsor on the due diligence and purchase of projects to be used in the bid submission of under Round 7 of the REIPP Procurement Programme and with the submission of bid responses on 8 projects under Round 7 of the REIPP Procurement Programme (ongoing).
  • Infinity Power(SA)(ongoing): Assisting the lead legal advisor in advising the Sponsor on the due diligence and purchase of projects to be used in the bid submission of under Round 2 of the BESIPPP Programme and with the submission of bid responses on 5 projects under Round 2 of the BESIPPP Programme (ongoing).
  • Infinity Power(SA)(2022): Assisted the lead legal advisor in advising the Sponsor on the due diligence and purchase of projects to be used in the bid submission of 3 x 240MW solar PV projects (the Bulskop cluster) and 2 x 80MW and 200MW solar photovoltaic projects (the Houthaalboomen Cluster) under Round 6 of the REIPP Procurement Programme and with the submission of bid responses on 5 solar PV projects under Round 6 of the RE IPP Procurement Programme.
  • Globeleq(SA)(2021): Assisted the lead legal advisor in advising the Globeleq on the senior debt refinancing of three of its renewable energy projects – the 50MW De Aar and 50 MW Droogfontein solar plants and the 138MW Jeffreys Bay wind farm. This was the second refinancing of renewable assets under the IPPO Refinancing Protocol.
  • Enel Green Power(SA)(2021): Assisted the lead legal advisor in advising the Enel Green Power as Sponsor in relation to the submission of bid responses of 15 projects across solar and wind technologies under Round 5 of the REIPP Procurement Programme. The projects were not awarded preferred bidder status.
  • Infinity Power(SA)(2021): Assisted the lead legal advisor in advising the Infinity Power as Sponsor in relation to the submission of bid responses of 12 Solar PV projects under Round 5 of the REIPP Procurement Programme. The projects were not awarded preferred bidder status.
  • Mulilo (SA)(2021): Assisted the lead legal advisor in advising the Mulilo Renewable Project Developments (Pty) Ltd in relation to the submission of bid responses of 2 wind power projects under Round 5. The projects were not awarded preferred bidder status.
  • PPC (SA and cross-border)(2022): Assisted the lead legal advisor in advising the on debt restructuring of finance facilities with multiple local and international lenders.
  • Renewable solar project sale (SA and cross-border)(2021) - Assisted the lead legal advisor in advising an international entity on the sale of a 100% shareholding in a shareholder of a solar photovoltaic power plant.
  • Ghanaian bank (Cross-border) (2021) - Assisted the lead legal advisor in advising a Ghanaian bank (acting as Facility Agent and Arranger) in the advance of a guarantee facility by a syndicate of 11 lenders to two Ghanaian borrowers in the mining industry for purposes of backstopping the borrowers' obligations under agreements in place with a Ghanaian regulatory body.
  • Globeleq Refinancing (South Africa) (2021) – Assisted the lead legal advisor in advising Globeleq on the senior debt refinancing of three of its renewable energy projects, totalling 100MW in respect of solar photovoltaic power plants and 138MW in respect of wind power plant under the IPPO Refinancing Protocol.
  • Development Finance Institution (Cross-border) (2021) - Assisted the lead legal advisor in advising an international development institution in the advancing and securing of a USD 10 million cross-border facility in respect of a Dutch borrower and its Nigerian subsidiaries.