v3.22.4
Commitments, third-party guarantees, contingent assets and liabilities
12 Months Ended
Dec. 31, 2022
Commitments, third-party guarantees, contingent assets and liabilities [Abstract]  
Commitments, third-party guarantees, contingent assets and liabilities
Note 19.- Commitments, third-party guarantees, contingent assets and liabilities

Contractual obligations

The following tables show the breakdown of the third-party commitments and contractual obligations as of December 31, 2022 and 2021:

2022
 
Total
   
2023
   
2024 and 2025
   
2026 and 2027
   
Subsequent
 
                               
Corporate debt (Note 14)
   
1,017,200
     
16,697
     
149,111
     
456,332
     
395,060
 
Loans with credit institutions (project debt) (Note 15)
   
3,595,671
     
273,556
     
666,875
     
755,269
     
1,899,972
 
Notes and bonds (project debt) (Note 15)
   
957,381
     
52,978
     
99,776
     
108,129
     
696,497
 
Purchase commitments*
   
823,856
     
96,847
     
154,344
     
107,909
     
464,755
 
Accrued interest estimate during the useful life of loans
   
1,821,915
     
264,626
     
477,936
     
383,347
     
696,006
 

2021
 
Total
   
2022
   
2023 and 2024
   
2025 and 2026
   
Subsequent
 
                               
Corporate debt (Note 14)
   
1,023,071
     
27,881
     
11,989
     
433,232
     
549,969
 
Loans with credit institutions (project debt) (Note 15)
   
4,010,825
     
289,755
     
624,633
     
801,713
     
2,294,724
 
Notes and bonds (project debt) (Note 15)
   
1,025,368
     
45,650
     
100,850
     
108,512
     
770,355
 
Purchase commitments*
   
1,570,831
     
79,261
     
191,171
     
159,297
     
1,141,102
 
Accrued interest estimate during the useful life of loans
   
2,029,376
     
267,645
     
497,587
     
427,159
     
836,985
 

* Purchase commitments include lease commitments for lease arrangements accounted for under IFRS 16 for $112.0 million as of December 31, 2022 ($107.6 million as of December 31, 2021), of which $7.9 million is due within one year and $104.1 million thereafter as of December 31, 2022 ($7.3 million due within one year and $100.3 million thereafter as of December 31, 2021).

Third-party guarantees

As of December 31, 2022, the sum of bank guarantees and surety bonds deposited by the subsidiaries of the Company as a guarantee to third parties (clients, financial entities and other third parties) amounted to $88.0 million ($92.7 million as of December 31, 2021). In addition, Atlantica Sustainable Infrastructure plc or other holding entities on its behalf had outstanding guarantees amounting to $216.9 million as of December 31, 2022 ($174.2 million as of December 31, 2021), which correspond mainly to guarantees provided to off-takers in PPAs, guarantees for debt service reserve accounts and guarantees for points of access for renewable energy projects.

Corporate debt guarantees

The payment obligations under the Green Senior Notes, the Revolving Credit Facility, the Note Issuance Facility 2020 and the 2020 Green Private Placement are guaranteed on a senior unsecured basis by following subsidiaries of the Company: Atlantica Infraestructura Sostenible, S.L.U., Atlantica Peru, S.A., ACT Holding, S.A. de C.V., Atlantica Investments Limited, Atlantica Newco Limited and Atlantica North America LLC. The Revolving Credit Facility and the 2020 Green Private Placement are also secured with a pledge over the shares of the subsidiary guarantors.

Legal Proceedings


In 2018, an insurance company covering certain Abengoa obligations in Mexico claimed certain amounts related to a potential loss. Atlantica reached an agreement under which Atlantica´s maximum theoretical exposure would in any case be limited to approximately $35 million, including $2.5 million to be held in an escrow account. In January 2019, the insurance company called on this $2.5 million from the escrow account and Abengoa reimbursed this amount. The insurance company could claim additional amounts if they faced new losses after following a process agreed between the parties and, in any case, Atlantica would only make payments if and when the actual loss has been confirmed and after arbitration if the Company initiates it. The Company used to have indemnities from Abengoa for certain potential losses, but such indemnities are no longer valid following the insolvency filing by Abengoa S.A. in February 2021.


In addition, during 2021 and 2022, several lawsuits were filed related to the February 2021 winter storm in Texas against among others Electric Reliability Council of Texas (ERCOT), two utilities in Texas and more than 230 individual power generators, including Post Oak Wind, LLC, the project company owner of Lone Star I, one of the wind assets in Vento II where the Company currently has a 49% equity interest. The basis for the lawsuit is that the defendants failed to properly prepare for cold weather, including failure to implement measures and equipment to protect against cold weather, and failed to properly conduct their operations before and during the storm.



Atlantica is not a party to any other significant legal proceedings other than legal proceedings arising in the ordinary course of its business. Atlantica is party to various administrative and regulatory proceedings that have arisen in the ordinary course of business.



While Atlantica does not expect these proceedings, either individually or in combination, to have a material adverse effect on its financial position or results of operations, because of the nature of these proceedings Atlantica is not able to predict their ultimate outcomes, some of which may be unfavorable to Atlantica.