FERNANDO ERAÑA

PARTNER

Fernando is a partner at Pérez Correa González with over 20 years of experience, focusing his practice on Mergers & Acquisitions and Banking & Finance, with an emphasis on Private Equity & Venture Capital transactions, TechnologyStartups and Cross-Border Financing, serving a broad portfolio of clients that includes investment funds, financial technology companies, non-bank financial institutions and public and private companies.

He is currently chair of the North American Regional Forum of the International Bar Association (IBA), vice chair of the Private Equity and Venture Capital Committee of the American Bar Association (ABA) and mentor of TechnoArt@Selina. During 2007, he was a Foreign Associate at O’Melveny & Myers in Los Angeles, California. He is recognized as one of the best attorneys in Mexico in his areas of expertise by the most renowned international legal directories such as Chambers and Partners, The Legal 500, IFLR1000, Leaders League, and Best Lawyers.

CONTACT INFORMATION

PRACTICE AREAS

INDUSTRIES

Mergers & Acquisitions

  • Mergers & Acquisitions
  • Represented East West Manufacturing, LLC (EW) in the Mexican portion of the purchase of Eastprint Incorporated (EPI), a maquila of printed electronic composites and interface technologies based in Ciudad Juárez.
  • Represented Prairie Capital in the Mexican portion of the global sale of one of its portfolio companies, Architectural Lighting Work (ALW), a leader in providing interior and exterior architectural lighting solutions with LED lights to LMPG Inc, a leader in LED lighting solutions based in Montreal. The transaction took place in a context in which the country’s maquila industry will benefit from nearshoring.
  • Advised Sportium in the negotiations for a growth investment with Northgate Capital.
  • Advised East-West Manufacturing, a provider of integrated electronics manufacturing services, on the acquisition of the Mexican operations of Compass Electronic Solutions.
  • Advised Elevva, since its landing in Mexico, in its strategy of brand acquisitions operating in Mercado Libre, replicating in the Latin-American region the trend of aggregators of e-commerce brands that has been so successful in the United States.
  • Represented New-Indy Containerboard in the Mexican portion of its acquisition of Reliable Container in Tijuana, Baja California. Reliable Container is a subsidiary of Georgia Pacific one of the world’s largest manufacturer and distributor of tissue, pulp, paper, toilet and paper towel dispensers, packaging, building products and related chemicals. New-Indy is a joint venture between The Kraft Group and Schwarz Partners LP. two private entities with experience in the paper and packaging industry.
  • Represented Sterimed, a worldwide leader in the medical packaging industry, in the acquisition of Especialistas en Esterilización y Envases (EEE), one of the main Latin American players, based in Mexico, in sterilization and infection control packaging solutions.
  • Represented Syntax Systems in the acquisition of Freudenberg IT México (FIT), a global provider of cloud and Information Technology for first-rate medium-sized companies.
  • Represented Vilebrequin in the acquisition of its exclusive distributor in México.
  • Represented Bertram Capital in the Mexican portion of the global acquisition of Perennials Sutherland, a leading company in the design and manufacture of acrylic fabric for interiors and exteriors and the development of luxury outdoor furniture.
  • Represented Skyview Capital in the acquisition of the Mexican subsidiary of Conduent Incorporated (NYSE: CNDT).
  • Represented Grupo Farmatodo in the negotiation of the joint-venture with Grupo Nadro and in its subsequent acquisition by Grupo Nadro. Farmatodo is a chain of pharmacies with a strong presence in Puebla and the Valley of México, especially in México City. Grupo Nadro is the main wholesale distributor of pharmaceutical products in México.
  • Represented Trodat GbmH in the acquisition of its exclusive distributor in México, Gizmo S.A. de C.V. Trodat is a world leader in the manufacture of self-inking stamps.
  • Represented the shareholders of ProEpta in the sale of the company to Bunzl (company FTSE100, LON: BNZL).
  • Represented the shareholders of Grupo Servicoin on the sale of the company to ISS A / S.

 

Private Equity & Venture Capital

  • Represented Swvl in its expansion with the acquisition of Urbvan, the mass transportation technology platform.
  • Represented Sportium in the negotiations with Northgate Capital for a growth investment.
  • Currently represents Ideas y Capital as inhouse legal advisor and on transactional issues, including equity and debt financing rounds at Deporprivé, Crowdfunder, Boletia, Dvdendo, Econduce, Nimblr; Amigo Travel Group and Turing Enterprises.
  • Represented InnoHub México, a technology-focused company builder, in a growth investment by Banco Santander.
  • Represented Axon Partners in a growth investment in Mercadoni aimed at expanding its operations in México.
  • Represented Redwood Ventures in a seed capital investments, including in Billpocket and Ares Materials.
  • Represented a group of investors in a Series “A” financing round of a technology company specializing in digital vouchers and electronic documents.
  • Represented Bamboo Finance in a growth investment and several subsequent rounds of financing with debt, in FINAE. FINAE is a Mexican corporation that provides educational funding to socio-economic students. Bamboo Finance is a private equity fund with over $ 250 million of assets under management with a focus on low-income communities in emerging markets.
  • Represented Ignia Fund in a growth investment in Transparencia Médica, a provider of medical services for employees of the financial services sector in Monterrey, Nuevo León without access to health insurance and in a growth investment in the Sumidero Project in Chiapas, México

Banking and Finance

Represented U.S. International Development Finance Corporation (DFC) in connection with a $45 million USD credit facility in favor of Mexarrend, S.A.P.I de C.V. (Tangelo), a technology company specializing in alternative financing.

Advised Sportium in the reorganization of a credit facility with an international bank as part of the negotiations with Northgate Capital for a growth investment.

Represented Sucro Can Sourcing as borrower in a USD 275 million revolving borrowing base facility from lenders led by Coöperatieve Rabobank, U.A., New York Branch.

Advised Doopla, a renown direct marketplace lending platform, structuring and designing its loan agreements for each of the multiple products offered to their clients through their platform, including their registration under the regulator specific registries.

Represented U.S. International Development Finance Corporation (DFC) and Calvert Impact Inc. in the negotiations and structuring of a secured line of credit in favor of Imperative Advisors to finance Echale’s construction of 5,000 homes for the benefit of unbanked families in Mexico, many of them led by women. This financing is part of DFC’s 2X Women’s Initiative, through which the agency sponsors projects that are women-owned, women-led or provide products and services that empower women. Echale is a company focused on social development that offers housing solutions to low-income families and contributes to the integral development of communities.

Represented U.S. Development Finance Corporation (previously the Overseas Private Investment Corporation) in the structuring of $100 million dollars in secured credit facilities during the last 10 years, including in favor of Bien Para Bien, Financial Liquid Vehicles (Velifin) (Bien para Bien and Velfin focus on financing SMEs); CSI Leasing México (focused on financial leasing), Xtreme Cinemas (a chain of cinemas for medium-sized cities) and Bravo Energy (focused on recycling industrial oils). The underlying assets include SME loans, equipment leases and accounts receivable.

Represented California Bank & Trust in structuring a revolving credit facility to CDC, S.A. de C.V., a Mexican subsidiary of Caribbean Distillers Corporation Limited, secured with movable assets, real estate and trademarks related to Tequila Patrón.

Represented Black Canyon Capital in the negotiation and structuring of a secured credit facility for $20 million dollars in favor of Inmobiliaria Playa Ensueño, for the financing a tourism development in Puerto Peñasco, Sonora. Black Canyon Capital is a private equity fund focused on the acquisition of controlling and non-controlling equity interests and debt instruments.

Represented a Mexican public company in the acquisition of loan portfolios, present and future, with an approximate value of $650 million pesos.

Represented a Creditor in the acquisition of 49% of the operations of a multi-purpose financial company, documenting a credit line of $200 million pesos for future loans and an option to acquire 100% of the Debtor.

Represented a Creditor to structure the guarantee under a credit line of $50 million dollar in favor of a Debtor, a Mexican non-bank financial institution that provides consumer financing through the payroll for unionized public servants.

 

Startups

Currently represents Doopla, a peer-to-peer lending platform, to obtain its authorization to operate as a financial technology institution.

Currently advises LenMi a lending platform with payroll discount focused on company employees.

Represented Briq Fund in the development of a peer-to-peer crowdfunding platform for real estate developments. io.

 

Corporate

Advised Syniti’s Mexican subsidiary “DMR LATAM” on general legal advice on all its corporate matters. Syniti is a leading data management services company, with client portfolio including Fortune 500 companies worldwide.

Advised Fibra Plus and Fibra HD, a Mexican Real Estate Investment Trust (REIT), with all legal, and corporate aspects of Fibra´s day-to-day transactions, trading and offerings of its securities listed in the Mexican Stock Exchange, as well as the preparation of all applicable and required notices before the Mexican regulators.

Advised Moody’s Investors Service in all in-house corporate and regulatory, including contractual negotiations for local national ratings with private and sub-sovereign issuers.

Advised Dunross & Co on several stock market issues.

Provided corporate and contractual advice to several clients, including Club C +, Avid Technologies and Success Factors México.

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Senior Private Equity Management Program, Instituto Panamericano de Alta Dirección de Empresas, Mexico, 2012
null
LLM, Pritzker School of Law, Northwestern University, United States of America, 2004
null
Business Certificate, Kellogg School of Management, Northwestern University, United States of America, 2004
null
Law degree, Universidad Panamericana, Mexico, 2001

Collaborator; Estudio sobre la industria de capital emprendedor en México, AMEXCAP, INADEM, Centro de Investigación en Iniciativa Empresarial del IPADE y Ernst & Young, Mexico, 2015.

Collaborator; Capital Privado y Emprendedor, un Modelo para Emprendedores, Inversionistas y Administradores de Fondos, Asociación Mexicana de Capital Privado, A.C. (AMEXCAP), Mexico City, 2015.

Collaborator; Joint-Ventures in Mexico (Joint-Ventures, A Global Guide from Practical Law); Gianmatteo Nunziante of Nunziante Magrone; London, 2015.

Coauthor; Reformas Regulatorias Para promover la Inversión en Capital Privado, “Mexico’s Top Law Firms” Suplemento Especial, Periódico Reforma, Mexico City, April 27th, 2015.

Coauthor; Private Equity Opportunities in the Mexican Energy Sector; Transaction Advisors, December 26th, 2014.

Coauthor; Administradores de Fondos (Capital Emprendedor, una Guía para Emprendedores, Inversionistas y Administradores de Fondos), Asociación Mexicana de Capital Privado, A.C.,(AMEXCAP), Mexico City, 2011.

Mergers & Acquisitions

  • Mergers & Acquisitions
  • Represented East West Manufacturing, LLC (EW) in the Mexican portion of the purchase of Eastprint Incorporated (EPI), a maquila of printed electronic composites and interface technologies based in Ciudad Juárez.
  • Represented Prairie Capital in the Mexican portion of the global sale of one of its portfolio companies, Architectural Lighting Work (ALW), a leader in providing interior and exterior architectural lighting solutions with LED lights to LMPG Inc, a leader in LED lighting solutions based in Montreal. The transaction took place in a context in which the country’s maquila industry will benefit from nearshoring.
  • Advised Sportium in the negotiations for a growth investment with Northgate Capital.
  • Advised East-West Manufacturing, a provider of integrated electronics manufacturing services, on the acquisition of the Mexican operations of Compass Electronic Solutions.
  • Advised Elevva, since its landing in Mexico, in its strategy of brand acquisitions operating in Mercado Libre, replicating in the Latin-American region the trend of aggregators of e-commerce brands that has been so successful in the United States.
  • Represented New-Indy Containerboard in the Mexican portion of its acquisition of Reliable Container in Tijuana, Baja California. Reliable Container is a subsidiary of Georgia Pacific one of the world’s largest manufacturer and distributor of tissue, pulp, paper, toilet and paper towel dispensers, packaging, building products and related chemicals. New-Indy is a joint venture between The Kraft Group and Schwarz Partners LP. two private entities with experience in the paper and packaging industry.
  • Represented Sterimed, a worldwide leader in the medical packaging industry, in the acquisition of Especialistas en Esterilización y Envases (EEE), one of the main Latin American players, based in Mexico, in sterilization and infection control packaging solutions.
  • Represented Syntax Systems in the acquisition of Freudenberg IT México (FIT), a global provider of cloud and Information Technology for first-rate medium-sized companies.
  • Represented Vilebrequin in the acquisition of its exclusive distributor in México.
  • Represented Bertram Capital in the Mexican portion of the global acquisition of Perennials Sutherland, a leading company in the design and manufacture of acrylic fabric for interiors and exteriors and the development of luxury outdoor furniture.
  • Represented Skyview Capital in the acquisition of the Mexican subsidiary of Conduent Incorporated (NYSE: CNDT).
  • Represented Grupo Farmatodo in the negotiation of the joint-venture with Grupo Nadro and in its subsequent acquisition by Grupo Nadro. Farmatodo is a chain of pharmacies with a strong presence in Puebla and the Valley of México, especially in México City. Grupo Nadro is the main wholesale distributor of pharmaceutical products in México.
  • Represented Trodat GbmH in the acquisition of its exclusive distributor in México, Gizmo S.A. de C.V. Trodat is a world leader in the manufacture of self-inking stamps.
  • Represented the shareholders of ProEpta in the sale of the company to Bunzl (company FTSE100, LON: BNZL).
  • Represented the shareholders of Grupo Servicoin on the sale of the company to ISS A / S.

 

Private Equity & Venture Capital

  • Represented Swvl in its expansion with the acquisition of Urbvan, the mass transportation technology platform.
  • Represented Sportium in the negotiations with Northgate Capital for a growth investment.
  • Currently represents Ideas y Capital as inhouse legal advisor and on transactional issues, including equity and debt financing rounds at Deporprivé, Crowdfunder, Boletia, Dvdendo, Econduce, Nimblr; Amigo Travel Group and Turing Enterprises.
  • Represented InnoHub México, a technology-focused company builder, in a growth investment by Banco Santander.
  • Represented Axon Partners in a growth investment in Mercadoni aimed at expanding its operations in México.
  • Represented Redwood Ventures in a seed capital investments, including in Billpocket and Ares Materials.
  • Represented a group of investors in a Series “A” financing round of a technology company specializing in digital vouchers and electronic documents.
  • Represented Bamboo Finance in a growth investment and several subsequent rounds of financing with debt, in FINAE. FINAE is a Mexican corporation that provides educational funding to socio-economic students. Bamboo Finance is a private equity fund with over $ 250 million of assets under management with a focus on low-income communities in emerging markets.
  • Represented Ignia Fund in a growth investment in Transparencia Médica, a provider of medical services for employees of the financial services sector in Monterrey, Nuevo León without access to health insurance and in a growth investment in the Sumidero Project in Chiapas, México

Banking and Finance

Represented U.S. International Development Finance Corporation (DFC) in connection with a $45 million USD credit facility in favor of Mexarrend, S.A.P.I de C.V. (Tangelo), a technology company specializing in alternative financing.

Advised Sportium in the reorganization of a credit facility with an international bank as part of the negotiations with Northgate Capital for a growth investment.

Represented Sucro Can Sourcing as borrower in a USD 275 million revolving borrowing base facility from lenders led by Coöperatieve Rabobank, U.A., New York Branch.

Advised Doopla, a renown direct marketplace lending platform, structuring and designing its loan agreements for each of the multiple products offered to their clients through their platform, including their registration under the regulator specific registries.

Represented U.S. International Development Finance Corporation (DFC) and Calvert Impact Inc. in the negotiations and structuring of a secured line of credit in favor of Imperative Advisors to finance Echale’s construction of 5,000 homes for the benefit of unbanked families in Mexico, many of them led by women. This financing is part of DFC’s 2X Women’s Initiative, through which the agency sponsors projects that are women-owned, women-led or provide products and services that empower women. Echale is a company focused on social development that offers housing solutions to low-income families and contributes to the integral development of communities.

Represented U.S. Development Finance Corporation (previously the Overseas Private Investment Corporation) in the structuring of $100 million dollars in secured credit facilities during the last 10 years, including in favor of Bien Para Bien, Financial Liquid Vehicles (Velifin) (Bien para Bien and Velfin focus on financing SMEs); CSI Leasing México (focused on financial leasing), Xtreme Cinemas (a chain of cinemas for medium-sized cities) and Bravo Energy (focused on recycling industrial oils). The underlying assets include SME loans, equipment leases and accounts receivable.

Represented California Bank & Trust in structuring a revolving credit facility to CDC, S.A. de C.V., a Mexican subsidiary of Caribbean Distillers Corporation Limited, secured with movable assets, real estate and trademarks related to Tequila Patrón.

Represented Black Canyon Capital in the negotiation and structuring of a secured credit facility for $20 million dollars in favor of Inmobiliaria Playa Ensueño, for the financing a tourism development in Puerto Peñasco, Sonora. Black Canyon Capital is a private equity fund focused on the acquisition of controlling and non-controlling equity interests and debt instruments.

Represented a Mexican public company in the acquisition of loan portfolios, present and future, with an approximate value of $650 million pesos.

Represented a Creditor in the acquisition of 49% of the operations of a multi-purpose financial company, documenting a credit line of $200 million pesos for future loans and an option to acquire 100% of the Debtor.

Represented a Creditor to structure the guarantee under a credit line of $50 million dollar in favor of a Debtor, a Mexican non-bank financial institution that provides consumer financing through the payroll for unionized public servants.

 

Startups

Currently represents Doopla, a peer-to-peer lending platform, to obtain its authorization to operate as a financial technology institution.

Currently advises LenMi a lending platform with payroll discount focused on company employees.

Represented Briq Fund in the development of a peer-to-peer crowdfunding platform for real estate developments. io.

 

Corporate

Advised Syniti’s Mexican subsidiary “DMR LATAM” on general legal advice on all its corporate matters. Syniti is a leading data management services company, with client portfolio including Fortune 500 companies worldwide.

Advised Fibra Plus and Fibra HD, a Mexican Real Estate Investment Trust (REIT), with all legal, and corporate aspects of Fibra´s day-to-day transactions, trading and offerings of its securities listed in the Mexican Stock Exchange, as well as the preparation of all applicable and required notices before the Mexican regulators.

Advised Moody’s Investors Service in all in-house corporate and regulatory, including contractual negotiations for local national ratings with private and sub-sovereign issuers.

Advised Dunross & Co on several stock market issues.

Provided corporate and contractual advice to several clients, including Club C +, Avid Technologies and Success Factors México.

null
Senior Private Equity Management Program, Instituto Panamericano de Alta Dirección de Empresas, Mexico, 2012
null
LLM, Pritzker School of Law, Northwestern University, United States of America, 2004
null
Business Certificate, Kellogg School of Management, Northwestern University, United States of America, 2004
null
Law degree, Universidad Panamericana, Mexico, 2001

Collaborator; Estudio sobre la industria de capital emprendedor en México, AMEXCAP, INADEM, Centro de Investigación en Iniciativa Empresarial del IPADE y Ernst & Young, Mexico, 2015.

Collaborator; Capital Privado y Emprendedor, un Modelo para Emprendedores, Inversionistas y Administradores de Fondos, Asociación Mexicana de Capital Privado, A.C. (AMEXCAP), Mexico City, 2015.

Collaborator; Joint-Ventures in Mexico (Joint-Ventures, A Global Guide from Practical Law); Gianmatteo Nunziante of Nunziante Magrone; London, 2015.

Coauthor; Reformas Regulatorias Para promover la Inversión en Capital Privado, “Mexico’s Top Law Firms” Suplemento Especial, Periódico Reforma, Mexico City, April 27th, 2015.

Coauthor; Private Equity Opportunities in the Mexican Energy Sector; Transaction Advisors, December 26th, 2014.

Coauthor; Administradores de Fondos (Capital Emprendedor, una Guía para Emprendedores, Inversionistas y Administradores de Fondos), Asociación Mexicana de Capital Privado, A.C.,(AMEXCAP), Mexico City, 2011.

CONTACT INFORMATION

PRACTICE AREAS

INDUSTRIES