We have extensive experience representing banks, development and export credit agencies, investment funds and other non-bank financial institutions, both domestic and international, in various negotiations and structuring of diverse financing transactions, including ordinary secured financings through to transactions involving complex collateral arrangements and structures, in both single and multi-lender, domestic and cross-border environments, and involving a wide diversity of underlying asset classes.
We work closely with our litigation team not only in connection with restructurings and workouts but also to ensure that every structure and contractual wording that we deploy for our clients in amicable transactions is optimized for maximum efficiency in the unfortunate event that enforcement ever becomes necessary. Members of our litigation team are dual Mexican, and U.S.-law qualified and have litigated in both countries.
Representative Transactions
- 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.
- Represented BMO Harris Bank as lender of a USD 20 million credit facility to a U.S. steel manufacturing company with the dual U.S.-Mexican law governed corporate guaranty of its Mexican parent not of payment but of collection and characterized as a joint borrower obligation of such parent for Mexican legal purposes.
- Advised Sumitomo Mitsui Banking Corporation (“SMBC”), a Japanese multinational banking and financial services, with respect to financial regulatory matters and transactions in Mexico, which include, among others, corporate, regulatory and compliance upkeeping of SMBC, S.A.P.I. de C.V., SOFOM, E.N.R., a non-banking lending subsidiary of SMBC.
- Represented SMBC, S.A.P.I. de C.V., SOFOM, E.N.R., a subsidiary of Sumitomo Mitsui Banking Corporation, as lender of a MXN 140 million (approximately USD 70 million) master loan facility to the Mexican leasing subsidiary of a large industrial conglomerate.
- 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.
- Members of the Firm represented a subsidiary of Grupo Fermaca in the US$440 million financing, led by The Bank of Tokyo Mitsubishi UFJ, Credit Agricole, ING Capital, Nacional Financiera, Banamex, Banobras and The Bank of Nova Scotia, for the construction, operation and maintenance of a 380-kilometer gas pipeline for service to CFE, the Mexican state utility, in Chihuahua, Mexico (named Project Finance Deal of the Year 2012 by Project Finance Magazine).
- Members of the Firm represented Afore XXI Banorte in its US$1.83 Billion acquisition of Afore Bancomer from Banco Bilbao Vizcaya Argentaria (BBVA) (named a 2012 Deal of the Year by Latin Finance Magazine).
- Members of the Firm where part of the team that represented Blackstone real estate private equity fund in the acquisition of General Electric’s Mexican real estate assets for $3.3 billion (named a 2015 Deal of the Year by Latin Lawyer).
- Members of the Firm where part of the team that represented the ExIm Bank and the Inter-American Development Bank in the US$340 million financing of the 601-MW Bajío dual-fuel, combined cycle, independent power production station project, the first Mexican IPP transaction combining sales to CFE, the state utility, with significant third-party quasi- merchant power sales (named Latin American Merchant Power Deal of the Year 2000 by Project Finance Magazine).
- Members of the Firm represented the Mexican joint venture of Mitsubishi Heavy Industries and EDFI in the US$450 million financing for the construction, operation and maintenance of the 495-MW Altamira II dual-fuel, combined cycle independent power production station project (named Latin American Power Deal of the Year 2002 by Project Finance Magazine).
- Represented BMO Harris Bank in relation to the Mexican components of a partially cross-border secured revolving loan facility in favor of National Kiwikmetal Service, National Kwikmetal Service de Mexico and NKS Properties as obligors with NKS Mexico Holding as guarantor.
