WEBVTT

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One of the things that we've found since
I've been at Latham is how synergistic

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the energy and infrastructure group
has been with the emerging company group.

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And how we've had deals that

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we've had to call that group up
and talk to them about,

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types of project finance or other fundings
that we don't typically see.

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You're right.

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I mean, you have to take a fully holistic
approach, right?

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So coupling with our industry expertise
and our in our various practice

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groups, right, so you can solve
not just one piece of the puzzle,

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you can provide solutions
for the entire project lifestyle

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in a commercially feasible manner.

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Hello and welcome to the Latham
Tech Podcast,

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where we survey the latest trends emerging
from the world of tech and explore

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their impacts on your company,
both the opportunities and the risks.

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In this episode, we'll be discussing
the rapid rise of energy tech

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from how the companies in this space
differ from traditional venture backed

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tech companies to the new power sources
competing to fuel the data center boom.

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So Scott energy tech is a broad
and rapidly evolving space.

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How would you define energy tech
and how do these companies differ

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from your traditional VC backed tech
companies?

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Well, like you
said, energy tech is very broad.

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It covers a lot of things.

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It can cover software that's servicing
the upstream oil and gas industry

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or other energy transition technologies
all the way to the technologies

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themselves, whether it be things
like geothermal, solar or servicing data

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centers.

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As far as how it differs
from typical venture backed companies,

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the software companies maybe not so much.

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But the heart technology companies,
they have a lot of different sources

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of funding that they can seek,
and there's different types

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of funding for different strategies
for these companies.

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You know, for instance,

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they might want venture capital to begin
with, but down the line,

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it may be better to seek

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other types of finance,
whether it's government loans and grants.

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It could be more project finance
and private capital that you wouldn't

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typically see at traditional venture
backed companies, you know.

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To that end,
you know, the AI and data center

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boom is, as you mentioned earlier, is
has is huge.

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Like, what are you seeing as far
as the technologies that are helping

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to service the data center
and AI What we're currently

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seeing is a real shift in how data
center developers think about power.

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You know, gone are the days where they're
exclusively relying on the grid for power

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and more and more relying on themselves
to control the power directly.

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And this is primarily
because the grid is not sustainable

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for the high demand, largely driven by AI.

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You have transmission and interconnection
constraints that are causing

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significant delays
and putting projects online and causing

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power
reliability concerns for data centers.

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From a technology perspective, we're
seeing a lot of interest in fuel cells

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because they're deployed
relatively quickly at the at the site.

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We're doing a lot of deals in that space.

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We're also seeing a significant resurgence
in natural gas.

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From a technology perspective, it's
the way they're deploying the natural gas,

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moving from a centralized generation model
to individual units on site

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to deploy the power
officially and directly to data center.

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Renewables and battery storage continues
to remain firmly in the power mix,

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but those are often coupled

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with other power sources
to deliver a continuous power solution.

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And finally, for the long term.

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You mentioned geothermal.

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We're seeing a lot of interest
in geothermal into a greater extent.

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Nuclear, as long as they can provide
sustainable power in a continuous manner

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because of their firm carbon
free baseload.

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And in addition

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to those technologies, we're
also seeing long duration battery storage

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and microgrid solutions that are helping
fuel the data center boom.

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Yeah, I think one of the things
that's interesting

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about all these new technologies
is that unlike what we may have seen

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with traditional oil
and gas or energy companies

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and how they raise money
and the entrepreneurs in that field,

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it looks a lot more like a Silicon
Valley-style company

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for a lot of these
technologies. technologies.

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But and we'll talk about this,
but they're running into the headwinds

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of, well, what type of investor
do I need for my company?

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Or and are they willing to make
a venture style investment?

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Yeah.

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And I think one of the the unique points
about that is just the revenues, right.

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the data center market
has become very attractive

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from a commercial
and financing perspective.

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You have significant immediate demand
coupled with highly creditworthy

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counterparties that are seeking long term,
you know, customer contracts.

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Right.

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And so from a technology company

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who's not used to this, you
know, continuous and consistent revenues.

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This is, you know, a revelation.

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And from an investor perspective,

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because you have the more constant
contracted cash flows,

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you're seeing an influx of infrastructure
funds, particularly with fuel cells.

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You're seeing private equity funds,
particularly with geothermal

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and then for nuclear
in a host of the other technologies,

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you're seeing a significant demand
for the public capital markets, primarily

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because cost to fund develop these power
solutions on site is significant.

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Yeah, that's a great point.

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The data centers have become
just sort of the end

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all be all of a lot of what we're doing
right now.

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In fact,

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we're seeing a lot of technologies
and technologists that maybe

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we're in other fields starting to pivot
into the data center space.

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You know, what are your thoughts on that?

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And like,

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you know, maybe give a couple examples
of what you've seen and how that's going.

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Yeah.

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Piggybacking off our prior discussion,
you know, the revenue

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generation, revenue
certainty from these long term contracted

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cash flows, right, is pushing
many of these technologies into the space.

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In examples, fuel cells, fuel cells
has historically been an on site

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niche power solution
for industrial companies.

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Now it is front of the lines on site
power for data centers

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take to a lesser extent geothermal,
which utilizes oil

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and gas techniques, which has now moved
into this industry as well.

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as a result of these technology companies
pivoting to the data center

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market,
coupled with these contracted revenues,

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as we mentioned, we're seeing significant
interest from infrastructure funds,

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private equity funds, the public markets,
as well as family offices.

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Right.

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These new investors,

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you know, have a more conservative profile
in your typical tech investor.

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How does that changing or how do the terms
look different because of that?

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Yeah.

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James, it's interesting
because you're right.

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The venture investors
there's a there's a specific model there.

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They you know, it's

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not an understanding,

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but they know

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that some of their investments
aren't going to work out

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and they're going to
write them down to zero,

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but they're going to have hopefully

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enough home runs and grand slams
that it makes up for the difference.

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At the end of the day,
these are still technology companies

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with speculative technologies
that need money to grow

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and to advance their technology
to get the revenue you're talking about.

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But these new investors,
whether it's infrastructure funds,

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whether it's private equity

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dabbling and minority
and venture investments or family offices

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that are used to investing in upstream oil
and gas that are

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now looking at these technology companies,
they've got a much more conservative

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profile, as you said, they
they can't have losers in their portfolio.

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And so as a result, the negotiation,
especially if it's early money

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in a company, becomes pretty difficult
sometimes for the entrepreneur

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who's expecting a, you know,
very simple in a national venture

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capital association style term
sheet from their first investor.

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And so what we've got to do

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is, you know, the attorney to the company
and sometimes

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the attorney to the investor is help play.

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Rosetta Stone is like,
we've got an entrepreneur

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that expects very light terms,
very like lazy

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fare control or by the investor.

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And we've got an investor
who needs to make sure that this company

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is going to work, And so we're talking
to these entrepreneurs and saying,

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look, you want the money from these folks
that know the industry.

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You're going to have to take some terms

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and some provisions that maybe you would
not have gotten from a West Coast VC.

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Similarly,
when we have talked to the investors

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and we have to say you're
investing in an entrepreneur

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that is putting
their technology on the line,

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this isn't an upstream oil
and gas development

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that people have done 100 times.

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They don't want to give up
their technology

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and control of their company
on this initial investment.

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So we've got to come to the middle here

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and kind of understand
what both parties want to get to. Yes.

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And to figure out exactly how we are going
to, you know, get a deal done.

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And sometimes the deals don't get done
as a result.

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But the other thing I'll add to

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that is there's an important
for these energy tech companies to be able

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to plug into the investors you talk about,
because at the end of the day,

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whether it's a strategic investor,
which is another type of investor

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we didn't talk about,
or it's these infrastructure funds

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that have been in the energy industry
for years.

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They know the supply chain.

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They're the ones that are going to be able
to plug the entrepreneur into the

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the vendors and the customers
that they need to create the revenue

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that's going to be required
to get returns for everybody.

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Yeah.
And I'll say I'll piggyback off that.

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I'll say particularly as these investments
scale. Right?

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And you've got contracted revenues.

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You’re bringing infrastructure
funds. Right.

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We're only going to invest
if you have the contractor revenues there.

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I think one of the key elements they bring
is the relationships with project

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financing, Right?

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Because none of these projects
get done with equity alone.

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They all require project financing
and have those relationships.

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The sophistication, of how to interface
with those financers, is critical.

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Yeah.

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And I think it's important to understand
with these energy tech

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technologies that are, again, more hard
science, that are going to require

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a lot of capital to build the facilities,
to build the infrastructure needed

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to create the revenue.

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You know, think geothermal, think,
you know,

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there's a lot of different technologies
fuel cells, fuel cells, anything

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that's got to manufacture
or or develop or produce.

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It doesn't make sense for venture capital

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to be the thing
that's funding that in the long run.

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And so the venture capital

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is there to maybe get you to the pilot
and get that pilot project off.

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But if you're funding,
I don't know, a $500 million plant

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with venture capital that's really diluted
to the founders in the early investors.

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And there's better ways to do that
with the private capital.

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We're talking about.

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So Scott, as we've discussed the various
funding alternatives available,

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how should companies

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be thinking of the various alternatives
as they grow energy tech?

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Yeah, sure.

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I mean, I think one of the things
that's very important from the beginning

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is, you know,
getting the right professionals.

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And yes, that includes lawyers,
but it also includes the right finance,

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financial advisors,
the right technical advisors,

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and getting them on board quickly
and and getting the right team in place.

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Because what you're trying to build
is very complex.

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You know, I think from my perspective,
I've got two different clients right now

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that are in this data

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center space and simultaneously
we're trying raise venture capital.

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At the same time,
we're trying prepare for a project finance

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of their first facility,
and that's got to run hand in hand.

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You can't do them in two separate vacuums.

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We have two teams working on them for
certain, but it's got to work together.

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You can't raise money here
and raise money there and not have it

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speak to each other,

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because you've got to make sure
that what we're doing at the project

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is going to be viable for the top,
so we can do more projects later on.

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And I think one of the things
that we bring to the table at Latham

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that is having that expertise, expertise
both in venture capital

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as well as the project
finance, the commercial agreements,

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these offtake agreements
that a lot of these tech companies

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need to to show
that they're going to be able

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to generate the revenue once the once
the plant or whatever has been built.

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You know, doing all of that

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in parallel is something
that is very unique to our firm, I think.

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And, you know, having
whether it's the global aspect of it

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and having offices all over the world
or but just the expertise generally.

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I mean, even in Texas,
where we have a very strong

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emerging company practice to pair with
our energy and infrastructure practice,

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it's something that allows us to fully
service our clients across the country.

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You're right.

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I mean, you have to take a fully holistic
approach, right?

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So coupling with our industry expertise
and our in our various practice groups,

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right, so you can solve

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not just one piece of the puzzle,
but you can, you can provide solutions

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for the entire project lifestyle
in a commercially feasible manner.

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Correct.

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I mean, if you if you, One of the things
that we've found working with,

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since I've been at Latham
is how synergistic

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the energy and infrastructure group
has been with the emerging company group.

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And how we've had deals
that we've had to call

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that that group up and talk to them about,

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types of project finance or other fundings
that we don't typically see.

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And similarly, a lot of the investors
that those groups are working with

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are doing more venture style funding that,
you know,

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you want to have a strong emerging company
group to, to be involved with

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so they can go into the company
and negotiate against company counsel

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in a way
that fits that type of transaction.

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It's really important

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that you have the right type of lawyers
negotiating the right type of transaction,

00:12:55.065 --> 00:12:58.110
because a lot of different
things can go wrong if you don't both,

00:12:58.152 --> 00:12:59.361
you know, for good and for bad.

00:12:59.361 --> 00:13:02.364
But it's it's something
that you really want to pay attention to.

00:13:02.406 --> 00:13:04.033
And that's something
we're able to provide.

00:13:04.033 --> 00:13:05.409
And Scott these are all great points.

00:13:05.451 --> 00:13:09.538
And and the need for an integrated
platform is because these transactions

00:13:09.580 --> 00:13:10.498
are highly complex.

00:13:10.498 --> 00:13:12.625
there's not a single well-defined
playbook.

00:13:12.625 --> 00:13:15.669
We're dealing with transactions
at the intersection of infrastructure,

00:13:15.711 --> 00:13:19.340
energy, technology,
all with different regulatory frameworks.

00:13:19.423 --> 00:13:22.301
You know, capital
profiles, risk appetites.

00:13:22.343 --> 00:13:25.346
in a single transaction,
you can be dealing dealing with a,

00:13:25.679 --> 00:13:30.810
you know, evolving energy regulation,
a project finance considerations, M&A

00:13:30.851 --> 00:13:36.148
dynamics, IP concerns, and highly complex
bespoke commercial agreements.

00:13:36.565 --> 00:13:37.066
Right.

00:13:37.107 --> 00:13:41.403
And so additionally,
all this is happening at real time right.

00:13:41.445 --> 00:13:46.492
And so the concerns about risk allocation,
bank ability and ensuring you

00:13:46.534 --> 00:13:48.661
putting together arrangements
that can hold up through

00:13:48.661 --> 00:13:52.373
the entire course of the project require
a holistic approach.

00:13:52.623 --> 00:13:53.123
that's fair.

00:13:53.123 --> 00:13:55.584
And I think one of the things
that you use the word bespoke

00:13:55.626 --> 00:13:58.712
and as to the commercial agreements,
but I think you can apply that to the

00:13:58.754 --> 00:14:02.883
entire transactions or set of transactions
that each company needs.

00:14:02.925 --> 00:14:06.679
And I think especially for the people
in my world in venture

00:14:06.720 --> 00:14:09.014
where things can be a little wrote
sometimes, you know,

00:14:09.056 --> 00:14:11.517
we're going to use these docs
and we're not going to veer from them.

00:14:11.559 --> 00:14:14.728
It's sometimes a hard sell,
but it's really important for,

00:14:14.770 --> 00:14:19.024
for entrepreneurs, I think, to
to understand that if I've got this new

00:14:19.108 --> 00:14:22.111
sometimes first of its kind technology,

00:14:22.611 --> 00:14:25.656
the, the transactions that are going
to be required for me to commercialize

00:14:25.698 --> 00:14:29.743
it are very likely going to be also
first of its kind in a lot of ways,

00:14:29.785 --> 00:14:31.328
when you combine all the different ways

00:14:31.328 --> 00:14:33.998
that I'm going to have to raise money
and again,

00:14:34.039 --> 00:14:37.042
bringing a group of lawyers
or a group of experts

00:14:37.084 --> 00:14:40.588
or a group of professionals together
that can see around the corner

00:14:40.629 --> 00:14:44.550
and figure out how to work
the entrepreneur piece of it

00:14:44.592 --> 00:14:47.761
into the project
finance piece of it with the,

00:14:47.803 --> 00:14:50.389
you know, the regulatory piece of it
and know how to bring it.

00:14:50.389 --> 00:14:53.601
All that together is just very important
given the complexity, James,

00:14:53.893 --> 00:14:54.685
You mentioned earlier.

00:14:54.727 --> 00:14:56.896
let's look into the future
a little bit. James.

00:14:56.937 --> 00:15:01.317
What technologies do you think
are the best position to succeed?

00:15:01.358 --> 00:15:02.902
And similarly

00:15:02.943 --> 00:15:06.447
with respect to data centers themselves,
where do you see that industry going?

00:15:06.488 --> 00:15:10.367
And what do you think the most successful
technologies are going to be Yeah.

00:15:10.409 --> 00:15:13.996
So taking a step back and we mentioned
this at the beginning of the podcast.

00:15:14.288 --> 00:15:19.668
You know, one of the major bottlenecks
in the data center market is the of power.

00:15:19.710 --> 00:15:21.545
It's not demand. Right.

00:15:21.587 --> 00:15:24.757
And you couple that with the continuing

00:15:24.798 --> 00:15:29.011
evolving demand landscape
you know more power dense chips right.

00:15:29.053 --> 00:15:30.596
New advanced cooling technologies

00:15:30.638 --> 00:15:35.684
to the need for power continues
to evolve and increase.

00:15:35.726 --> 00:15:40.064
So in the short term, it's technologies
that can be deployed quickly to develop

00:15:40.105 --> 00:15:43.651
to deliver reliable power, natural gas,

00:15:44.902 --> 00:15:48.155
distributable power solutions,
fuel cells and solar.

00:15:48.364 --> 00:15:51.241
Over time,
you're going to see a transition

00:15:51.283 --> 00:15:56.372
not not away from those technologies,
but also towards more long term durable

00:15:56.872 --> 00:16:01.877
technologies that have a low carbon
profile, geothermal into a greater extent,

00:16:01.919 --> 00:16:05.881
hopefully nuclear, in particular
with nuclear.

00:16:05.965 --> 00:16:09.635
The the great interest is around fusion
because of its low

00:16:09.802 --> 00:16:14.473
waste profile, coupled with potential
for a reliable, consistent clean fuel.

00:16:14.515 --> 00:16:19.436
But regardless, it's not going to be
a one winner approach, right?

00:16:19.478 --> 00:16:22.564
The race for these data center
developers is to develop

00:16:22.940 --> 00:16:27.069
data centers quickly
and efficiently with continuous supply.

00:16:27.111 --> 00:16:30.364
That's going to require hybrid solutions
using a combination

00:16:30.406 --> 00:16:33.575
of these technologies and technologies
we haven't yet invented.

00:16:33.659 --> 00:16:33.951
Great.

00:16:33.951 --> 00:16:36.829
And I think what that means
is you sort of bring it all to a circle.

00:16:36.829 --> 00:16:41.250
These technologies are being developed
by entrepreneurs at these technology

00:16:41.291 --> 00:16:45.004
companies that are, again,
they look like what we think of

00:16:45.045 --> 00:16:48.007
as venture backed companies,
but they are getting into an industry

00:16:48.048 --> 00:16:51.010
that is very, very different than what
we think of

00:16:51.010 --> 00:16:53.512
when we think of venture capital
and as a result.

00:16:53.554 --> 00:16:57.725
You know, I think being able to couple the

00:16:57.975 --> 00:17:00.644
the funds that we've seen traditionally
in the energy industry

00:17:00.644 --> 00:17:05.357
with the entrepreneurs and their ideas
will really help grow and help things,

00:17:05.399 --> 00:17:07.735
help the technologies
in the nuclear space,

00:17:07.735 --> 00:17:12.114
in the geothermal space,
in all of these spaces thrive

00:17:12.156 --> 00:17:16.243
and allow these entrepreneurs
to really build their companies

00:17:16.285 --> 00:17:20.330
and plug into the supply chain in a way
that maybe they couldn't do that before.

00:17:20.748 --> 00:17:21.832
Completely agree.

00:17:21.874 --> 00:17:24.543
And with that,
I think our podcast is to end.

00:17:24.585 --> 00:17:26.128
Thank you. Scott. Thanks, James.