Carlos R. Garduño

Carlos R. Garduño

Shareholder

Carlos R. Garduño focuses his practice on domestic and cross-border securities offerings, as well as corporate, acquisition and project finance matters in Mexico and Latin America. He is experienced in the authorization of Mexican banks, non-bank financial intermediaries, insurance companies and other institutional investors, and provides ongoing regulatory and transactional advice to clients in those sectors.

取扱分野

実績紹介

  • Representation of Chicago Mercantile Exchange Inc. in the process leading to its recognition by Banco de Mexico as the first foreign central counterparty for the clearing of standardized derivatives contracts in Mexico following recent amendments to local derivatives regulation.
  • Represented Red de Carreteras de Occidente, S.A.B. de C.V. (RCO), a subsidiary of Goldman Sachs Infrastructure Partners (GSIP) and Mexican developer Empresas ICA, S.A.B. de C.V. (BMV: ICA*/ NYSE: ICA), in its issuance of MXN7.5 billion (approximately US$580 million) 9.00% Senior Secured Notes due 2028 under Rule 144A/Regulation S of the US Securities Act of 1933.
  • Represented Autovía Querétaro, S.A. de C.V. (AQSA), a subsidiary of Mexican developer Empresas ICA, S.A.B. de C.V. (BMV: ICA*/ NYSE: ICA), in negotiating and drafting (i) a MXN5.7 billion (approx. US$450 million) preferred credit facility from a syndicate of banks including Banco Santander (México), S.A., Institución de Banca Múltiple, Grupo Financiero Santander México (Agent); Banco Mercantil del Norte, S.A., Institución de Banca Múltiple, Grupo Financiero Banorte (BANORTE), and development bank Banco Nacional de Obras y Servicios Públicos, S.N.C. (BANOBRAS); as well as the corresponding security package; and (ii) a MXN900 million (approx. US$70 million) subordinated credit facility from the Mexican Infrastructure Fund (Fondo Nacional de Infraestructura or FONADIN).
  • Represented Red de Carreteras de Occidente, S.A.B. de C.V. (RCO), a toll road operator controlled by Goldman Sachs Infrastructure Partners II (GSIP II), in negotiating (i) the extension by lender Banco Nacional de Obras y Servicios Públicos, S.N.C. (BANOBRAS, a Mexican development bank) of an existing MXN2.15 billion (approx. US$165 million) loan under NY law originally maturing in 2018 to 2032; and (ii) a new MXN4.99 billion (approx. US$384 million) credit facility from BANOBRAS to refinance part of the concession acquisition loan secured from various lenders in 2007.
  • Represented Banco BTG Pactual in all matters related to the licensing, incorporation and commencement of operations of a Mexican broker dealer subsidiary, the first of Brazilian capital to be incorporated in Mexico.
  • Represented the Red Estatal de Autopistas (REA), a decentralized agency of the Mexican State of Nuevo León in charge of the operation and maintenance of the state’s road infrastructure, in the offering of long term trust bonds (certificados bursátiles fiduciarios de largo plazo) for an aggregate amount of MXN2.5 billion (approximately US$200 million) secured by flows from the operation of the Monterrey-Cadereyta toll road.
  • Represented Grupo Aeroportuario del Centro Norte, S.A.B. de C.V. (BMV: OMA / NASDAQ: OMAB), a public holding company of the concessionaires and operators of 13 domestic and international airports in Mexico and an indirect subsidiary of Empresas ICA, S.A.B. de C.V. (BMV: ICA* / NYSE: ICA) and Aéroports de Paris Management (EN Paris: ADP) in (i) the establishment of OMA’s first commercial paper (certificados bursátiles de corto plazo) program in Mexico for an aggregate amount of MXN$200 million, and (ii) a follow-up offering of 10-year bonds (certificados bursátiles de largo plazo) for MXN1,500 million under a program authorized in 2011.
  • Counseled the administrative agent and lead bank of a 20-lender syndicate in connection with a senior unsecured US$2 billion term loan facility for Mexico’s Comisión Federal de Electricidad.
  • Represented Consorcio del Mayab, S.A: de C.V., a subsidiary of Empresas ICA, S.A.B. de C.V., as concessionaire, in the refinancing of an important toll road in southeast Mexico and the raising of funds for an extension through two tranches of 22-year certificados bursátiles fiduciarios for an aggregate amount of US$350 million to replace debt raised in 2002. Both tranches received domestic scale ratings of Aa2.mx and AA(mex), are backed by toll-road revenues, and were placed by Morgan Stanley, BBVA Bancomer, HSBC and Inbursa.
  • Advised lenders and lessors in aircraft purchase and lease financings involving ECA-secured facilities, including the first aircraft leveraged lease transaction completed by a U.S. tax owner in years.
  • Represented a leader in electricity generation and distribution in the Andean region, in connection with the US$300 million offering of senior notes under Rule 144A of the Securities Act 1933.
  • Represented two subsidiaries of Empresas ICA, S.A.B. de C.V. holding contracts with the Mexican government for the construction of, and provision of non-penitentiary services to, two federal penitentiaries (the first of their kind) in (i) a follow-up preferred bond offering under a program backed by revenues from the project (with approximate US$580 million outstanding), and (ii) a 20-year subordinated certificados bursátiles fiduciarios offering (and its reopening) in the Mexican market for an aggregate amount of approximately US$130 million.
  • Counseled a majority of the holders of senior notes issued by the largest Mexican glassmaker, in the restructuring of the issuer’s liabilities in a case under Chapter 11 of the U.S. Bankruptcy Code and a simultaneous case under Mexico’s Business Reorganization Act (Ley de Concursos Mercantiles).
  • Represented U.S., European and Asian issuers and underwriters in the cross-listing of MXN-denominated structured notes issued under EMTN programs or SEC shelf registrations in the Mexican Stock Exchange (Bolsa Mexicana de Valores) for an aggregate amount of more than US$2 billion.
  • Counseled Blackrock Global Investors in the launch of the first family of Mexican exchange traded funds (ETFs) under the iShares brand.

°Some of the above representations were handled by Mr. Garduño prior to his joining Greenberg Traurig, S.C.

受賞歴・所属団体

  • Member, Winning Team, Acquisition International magazine, "Overall Law Firm of the Year – Mexico," 2013
  • Member, Winning Team, Acquisition International magazine, "Most Trusted Law Firm of the Year – Mexico," 2013
  • Member, Winning Team, InterContinental Finance, "Mergers & Acquisitions Firm of the Year – Mexico," 2013
  • Member, Winning Team, Lawyers World Law Awards, "Mergers & Acquisitions Firm of the Year – Mexico," 2013
  • Member, Winning Team, DealMakers, "Law Firm of the Year - Mergers & Acquisitions - Mexico," 2012-2013

学歴・資格・言語

学歴
  • LL.M., Banking Law and Financial Regulation, The London School of Economics and Political Science, 2010
  • J.D., with honors, Escuela Libre de Derecho, Mexico City, D.F., Mexico
弁護士資格
  • Mexico
言語
  • Spanish, Native
  • 英語