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Marc M. Rossell, co-chair of the firm's Latin America Practice, focuses his practice on capital markets transactions, including both equity and debt securities offerings and structured financings. Marc has been involved in many of the largest securities offerings out of Latin America, including landmark privatization offerings by the Argentine government's national oil company and telephone companies, the privatization of the Peruvian telephone company, as well as many high-yield debt offerings and equity offerings of companies in Argentina, Chile, Colombia, the Dominican Republic, Mexico, Panama, Peru, Trinidad and Tobago, and other countries. During the 1980s, he spent a considerable amount of time as bank advisory committee counsel, focusing on the restructuring of the external debt of many countries in Latin America. He also represents creditors and debtors in liability management transactions and has considerable experience with the issuance of project bonds to finance construction projects, many of which have won awards from industry publications.

Concentrations

  • Capital markets
  • Structured finance
  • Energy and infrastructure
  • Project bonds
  • Liability Management Transactions
  • Corporate Governance

Capabilities

Experience

 

  • Inversiones Latin America Power Ltda. in the offering and issuance of US$403,900,000 5.125% senior secured notes due 2033, in connection with a refinancing of two wind farms in northern Chile. The Notes are aligned with the key features of the International Capital Market Association’s Green Bond Principles (2018) and Green Loan Principles 2021.
  • Aeropuertos Argentina 2000 S.A., the airport concessionaire for 33 of Argentina's airports, in a US$400 million offering of 6.875% senior secured notes due 2027, collateralized by revenue rights derived from the company's concession contract.° This offering refinanced a previous bond offering in 2010 that won the “Structured Financing Deal of the Quarter Century Award” and was cited as the “Structured Financing Deal of the Year in 2011” by Latin Finance.
  • Bear, Stearns & Co. Inc., as initial purchaser of US$220 million of senior secured notes issued by Newland International Properties, Corp., a Panamanian company, to finance the construction of the Trump Ocean Club in Panama City, Panama.°
  • Bear, Stearns & Co. Inc., as initial purchaser, in connection with the US$250 million senior secured bond offering for Cap Cana S.A., a Dominican Republic luxury resort developer, secured by real estate mortgages and receivables and a construction escrow account. It was cited as "Deal of the Year 2007" by The Banker and voted "Best Asset-Backed Bond of 2006" by Latin Finance
  • Citigroup Global Markets, Morgan Stanley and Banco Santander, as global coordinators, in a US$1.15 billion senior secured note offering to finance a portion of the construction costs of the second line of the Lima and Callao metro project in Peru.°
  • Credit Suisse and Bank of America Securities LLC, as initial purchasers, in the US$500 million offering by Maritimes & Northeast Pipeline, LLC of its 7.5% senior notes due 2014.°
  • Deutsche Bank AG, Barclays Capital and Royal Bank of Scotland on the US$375 million financing of the US$1.2 billion Southeast Supply Header Pipeline (SESH). The financing was named the "North America Oil & Gas Deal of the Year" by Project Finance International
  • Graña y Montero and Ferrovías Participaciones, as sponsors, in connection with the international offering of S/.629.0 million (US$200 million) in senior secured VAC-indexed notes to finance Line 1 of the Lima Metro project in Peru.°
  • Grupo Cobra, part of Grupo ACS from Spain, and Empresa de Mantenimiento, Construccion y Electricidad, on the US$132.8 million cross-border private placement for the construction of Eten Cold Reserve Power Project a 223MW dual thermal cold reserve power plant in the Province of Ciclayo. This deal was named 2014 “Best Bond Deal of the Year” by Latin Finance
  • Isolux Infrastructure Netherlands B.V. in its successful proposal and related financing for the concession to design, build, finance, operate and maintain Section 5 of the I-69 highway corridor in Indiana pursuant to a public-private partnership. The Project includes approximately US$244 million of private activity bonds (PABs) issued by the Indiana Finance Authority, approximately US$40 million of equity investments and US$80 million of public investment by the State of Indiana in the form of milestone payments.°
  • Aeropuertos Argentina 2000 S.A., the concessionaire responsible for operations at Argentina’s 35 airports, in an exchange offer to holders of two series of senior secured notes due in 2027, valued at approximately $209 million, for a new issue of 8.5% notes due in 2031. The company also raised $126 million in new financing through two offerings: $64 million in additional 8.5% notes due in 2031 and $62 million in new 9.5% senior secured notes due in 2028.
  • ACI Airport Sudamérica, S.A. in its exchange offers to repurchase and exchange any and all of its outstanding 6.875% Senior Secured Guaranteed Series 2015 Notes Due 2032 issued on May 7, 2015 and its outstanding 6.875% Cash/7.875% PIK Senior Secured Guaranteed Series 2020 Notes due 2032 issued on May 26, 2020 for newly issued 6.875% Senior Secured Guaranteed Notes due 2034 and solicitation of consents to certain proposed amendments to the indenture governing the Existing Notes.
  • Aeropuertos Argentina 2000 S.A. (“AA2000”), and ACI Airport Sudamérica, S.A. (“ACI SUDAMÉRICA”) AA2000, the concessionaire responsible for operations at the majority of Argentina’s 56 airports, and ACI Sudamérica, the concessionaire of the Carrasco International Airport in Montevideo, Uruguay, in two exchange offers and consent solicitations. Both companies are subsidiaries of Corporación América Airports S.A., the world’s largest private sector airport concession operator in terms of the number of airports under management. Awarded the Latin Finance Corporate Liability Management Deal of the Year 2020.
  • Avianca Holdings S.A. in the closing of the Bond Exchange Offer of its US $550 million bonds, maturing in May 2020. The transaction was the first major step in a multi-pronged effort to refinance Avianca's outstanding indebtedness.
  • AES Corporation and AES Gener S.A. in connection with the US$700 million recapitalization for AES Gener S.A., including cash tender offers and consent solicitations for its outstanding convertible and Yankee bonds, a US$400 million offering of high-yield senior notes and the restructuring of intercompany debt.°
  • Bank Advisory Group for the Republic of Uruguay, and Citibank, N.A. as closing agent, in connection with the Republic of Uruguay's 1990 Financing Plan, involving the issuance of "Brady" bonds in exchange for commercial bank debt.°
  • Committee of Bondholders of Cap Cana S.A.'s senior secured notes due 2013 in connection with Cap Cana's debt restructuring involving an exchange offer and consent solicitation.°
  • Ispat Mexicana, S.A. de C.V. (now Arcelor Mittal Mexico) in its US$450 million debt restructuring involving commercial bank debt and an exchange offer of senior export notes.°
  • Lehman Brothers Inc., as dealer manager, in connection with the US$137 million private exchange offer by Aerovias de Mexico, S.A. de C.V. (Aeromexico) of its 9.75% notes due 2000 for its existing notes due 1995 and euro-commercial paper and the concurrent solicitation of acceptances of a prepackaged plan or reorganization under the U.S. Bankruptcy Code.°
  • Salomon Smith Barney, as global coordinator, in connection with the US$6.5 billion exchange offer by The Republic of Ecuador of its step-up global bonds due 2012 and its 12% global bonds due 2030 for its existing "Brady" bonds, including an "exit" consent solicitation for amendments to the existing bonds and a recession of acceleration. It was the first of its kind in sovereign debt restructurings.°
  • Xignux, S.A. de C.V. (formerly known as Axa, S.A. de C.V.) a private Monterrey-based conglomerate, in connection with its US$125 million exchange offer of its 9 1/2% senior guaranteed notes due 2014, and the related solicitation of proxies to amend the related existing notes.°
  • Corporación América Airports S.A., an acquirer, developer and operator of airport concessions throughout Latin America and Europe, in its US$485 million initial public offering (IPO) on the New York Stock Exchange.
  • Credit Suisse and Merrill Lynch & Co., as joint global coordinators, in the US$3 billion global IPO and equity offering for YPF, S.A., the Argentine state-controlled oil company, the largest privatization in Latin America to date.°
  • Credit Suisse, as lead underwriter, in the IPO of common stock of 724 Solutions Inc., a Canadian software company.°
  • Goldman, Sachs & Co., as lead underwriter, in connection with the US$2 billion registered secondary offering by The Kingdom of Sweden of its remaining interest in Pharmacia & Upjohn, in the form of shares of common stock and Swedish depositary shares.°
  • Grupo Modelo, S.A. de C.V. in connection with the establishment of its Level 1 ADR facility with The Bank of New York, as depositary bank.°
  • Grupo Simec, S.A.B. de C.V., a Mexican AMEX-listed steel company, in its US$200 million follow-on registered equity offering of Class B shares and American Depositary Shares representing Class B shares.°
  • Industrias CH, S.A. de C.V., a Mexican finished steel producer, in connection with its US$140 million international offering of shares.°
  • Intershop Communications Aktiengesellshaft, a global provider of electronic commerce software, in its IPO of 3,350,000 American Depositary Shares representing 1,675,000 bearer ordinary shares and the listing of the ADRs on NASDAQ.°
  • Ispat International N.V. (now part of Arcelor Mittal), a global steel company, in connection with its corporate reorganization and IPO and NYSE listing.°
  • J.P. Morgan and Merrill Lynch as joint global coordinators of the US$1.2 billion global registered equity offering for Telefónica del Peru, S.A., the largest equity deal in Latin America in 1996.°
  • Oppenheimer and Scotiabank in connection with the issuance by The Republic of Suriname of its 9.25% senior notes due 2027. This was the sovereign's inaugural bond issue in the international capital markets.
  • Merrill Lynch International Limited, as lead underwriter, in the offering of PRIDES by National Financiera, S.N.C., exchangeable into common stock of Teléfonos de Mexico, S.A. de C.V.°
  • Oppenheimer & Co. Inc., as dealer manager and lead underwriter, in connection with the registered exchange offer of American Depositary Shares representing class B ordinary shares of BAESA for the Rule 144A American Depositary Shares and the concurrent registered secondary offering of 1,500,000 American Depositary Shares, the first listing of an Argentine company on the NYSE.°
  • PaineWebber Incorporated and Citicorp Securities Inc., as global coordinators, in the IPO of Grupo Imsa, S.A. de C.V., a leading Mexican steel and battery company, and its listing on the NYSE.°
  • Promotora y Operadora de Infraestructura, S.A.B. de C.V. (PINFRA), as issuer, and a group of selling shareholders, in a US$285 million Rule 144A and Regulation S global primary and secondary offering of ordinary shares of PINFRA, one of the largest owners and operators of concessions of infrastructure projects in Mexico and,in connection with PINFRA’s filings with the Securities and Exchange Commission in order to terminate its reporting obligations under the U.S. Securities Exchange Act of 1934.°
  • Chase Securities Inc., as lead underwriter, in the US$250 million registered high-yield bond offering for Grupo Industrial Durango, S.A., a Mexican paper company.°
  • Citibank, N.A., as lead arranger, in connection with the offering by The United Mexican States of US$1 billion of floating rates notes due 1997. This offering represented the return of Mexico to the international capital markets following the peso devaluation crisis of December 1994.°
  • Citigroup Global Markets, as sole underwriter, in connection with a US$200 million offering by the Commonwealth of the Bahamas of its 6.625% notes due 2033.°
  • Credit Suisse, as initial purchaser, in connection with the US$145 million Rule 144A and Regulation S offering by Grupo Azucarero Mexico, S.A. de C.V. of its 11-1/2% senior notes due 2005.°
  • Credit Suisse, as initial purchaser, in the US$250 million subordinated convertible note offering for Safeguard Scientifics Inc.°
  • Oppenheimer & Co., Inc., the initial purchaser and sole bookrunner, as U.S. counsel in the US$125 million note offering by the Republic of Suriname.
  • Oppenheimer & Co., Inc., the bookrunner and lead manager, in the US$150 million offering by the Lao People’s Democratic Republic of its 6.875% notes due 2021.
  • Oppenheimer & Co. Inc., in the more than US$100 million note offering by Frigorífico Concepción S.A. (Company), Paraguay’s leading beef processing company.
  • Oppenheimer and Scotiabank in connection with the issuance by The Republic of Suriname of its 9.25% senior notes due 2027. This was the sovereign's inaugural bond issue in the international capital markets.
  • J.P. Morgan as initial purchaser in connection with a US$550 million offering of 9.25% senior secured notes of Aeropuertos Dominicanos Siglo XXI, S.A., the owner of the concession of most of the airports in the Dominican Republic.°
  • J.P. Morgan and Barclays Capital, as lead underwriters, in connection with the US$1.5 billion senior note offering by Ecopetrol S. A., the Colombian oil company. It was LatinFinance's “Quasi-Sovereign Bond Deal of the Year” in 2009.°
  • Salomon Smith Barney, as lead underwriter, in connection with the US$250 million Rule 144A and Regulation S offering by Kimberly-Clark de Mexico, S.A. de C.V. of its 8.875% senior notes due 2009.°
  • Xignux S.A. de C.V in its $320 million five-year sustainable syndicated loan (ESG) involving the company's main relationship banks and a private placement of US$300 million, with a term of 12 years.
  • Banco Nacional de Mexico, S.A. Integrante del Grupo Financiero Banamex, as Administrative Agent, in connection with the dual-currency US$450 million guaranteed term loan facility for Elementia, S.A.°
  • BBVA Bancomer S.A. and a syndicate of 8 banks as U.S. counsel for the U.S. dollar portion of a US$180 million five-year term loan credit agreement for Grupo Senda, a leading provider of bus transportation services in Mexico and parts of the United States.°
  • Citibank as Administrative Agent and Lender in connection with a secured financing for EGE Haina, a Dominican Republic power company.°
  • Citibank, N.A., as Administrative Agent, in connection with the US$100 million secured financing for Taca Airlines.
  • Empresa Nacional del Petróleo (ENAP), as borrower, in connection with a US$200 million senior unsecured credit facility.°
  • Exalmar - Pesquera Exalmar S.A., a Peruvian fishing company, in connection with a US$75 million syndicated credit agreement.°
  • Grupo FAMSA, S.A. de C.V., a Mexican retailer, and its U.S.-based subsidiary, in connection with a US$110 million secured credit facility.°
  • Grupo Imsa, S.A.B. de C.V. and Tarida S.A. de C.V., a special purpose acquisition vehicle, in connection with syndicated credit facilities totaling US$1.8 billion for the leveraged acquisition by Tarida of a controlling interest in Grupo Imsa and subsequent tender offers for the remaining shares in Grupo Imsa.°
  • J.P. Morgan Chase Bank, N.A. and a syndicate of nine banks in connection with a US$1 billion guaranteed three-year revolving credit agreement for Mexican industrial group Mexichem, SAB de CV.°
  • Riverwalk East Developments, LLC, an affiliate of G & G Business Developments LLC, in its $200 million construction loan from Itau BBA International plc, the London affiliate of Banco Itaú BBA S.A., Latin America’s largest corporate investment bank.
  • Solana Petroleum Exploration (Colombia) Limited, as borrower, and Solana Resources Limited, as original guarantor, in connection with a US$100 million three-year revolving credit facility provided by BNP Paribas.°
  • Inversiones Latin America Power Limitada (ILAP), a Chilean power generation company, in connection with the issuance of a US$412 million senior secured guaranteed note through a private placement. The proceeds of the offering were used by ILAP to finance two wind farm development projects in Chile with a combined estimated capacity of approximately 230MW.
  • Xignux in connection with a private placement with Prudential.
  • Institutional investors in connection with the private placement of secured notes as part of the acquisition by Balfour Beatty of the Upper Peninsula Power Company, a Michigan utility.
  • Institutional investors in connection with the private placement of senior notes, the proceeds of which were used to monetize the restructured payments of NOVEC under an amended power purchase agreement with Cogentrix and Quantum Utility Generation.
  • Institutional investors in connection with the private placement of senior notes of E.ON related to the financing of three existing wind farms in Texas and Pennsylvania.

°The above representations were handled by Mr. Rossell prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, IFLR1000, "Highly Regarded- State," Capital Markets: Debt, 2022-2023
  • Listed, The Legal 500 United States Finance - Capital Markets: High-Yield Debt Offerings, 2022
    • "Other Key Lawyer," 2022
  • Listed, The Legal 500 Latin America, 2021-2024
    • Capital Markets, 2021-2023
    • Banking and Finance, 2021-2022
    • Corporate and M&A, 2021-2022
    • Projects and Energy, 2023-2024
  • Listed, The Legal 500, "Private Practice Power List," US-Mexico, 2022
  • Selected, Thomson Reuters, "Stand-Out Lawyers," 2022-2024
  • Selected, Latin Lawyer, "Latin Lawyer 250 - Practice Recognition: Banking & Finance," 2020-2022, and 2024
  • Listed, Euromoney's Expert Guides: Banking, Finance & Transactional Law Expert Guides, "Top Capital Markets Practitioners," 2020
  • Listed, Acritas Stars™ Independently Rated Lawyers, “Star Lawyers,” 2019-2021
  • Selected, International Financial Law Review, IFLR Americas Awards, "Deals of the Year - Loans: Aeropuertos Argentina 2000," 2020
  • Listed, Chambers Global, Corporate foreign expert in U.S., 2014
  • Listed, Who’s Who Legal, Corporate Governance, 2010
  • Awarded, “Outstanding IPO Lawyers in 2000,” IPO Journal
  • Member, Law360 Capital Markets Advisory Board
  • Member, National Association of Corporate Directors
  • Member, American Bar Association
  • Member, The New York State Bar Association
  • Member, Association of the Bar of the City of New York
  • Member, SIFMA Compliance & Legal Division
  • Fellow, American College of Investment Counsel

Credentials

Education
  • LL.M., University of Pennsylvania Law School
  • D.E.A., Université Panthéon-Assas, Paris, France
  • A.A., The American University of Paris, France
Admissions
  • New York
Languages
  • French
  • Spanish