Miguel A. Zaldivar Global Deal List 2 Miguel A
Total Page:16
File Type:pdf, Size:1020Kb
Miguel A. Zaldivar Global Deal List 2 Miguel A. Zaldivar - Global Deal List Over his 30+ year career, Miguel A. Zaldivar, Jr., RMP for the Asia Pacific Middle East region, has closed a significant number of complex cross-border transactions totaling in excess of US$75 billion across the world. Now based in Hong Kong, he works with cross-office teams in the successful negotiation and execution of deals across various jurisdictions, industries, and disciplines, including project finance, capital markets, mergers & acquisitions, joint ventures, settlement of arbitral disputes and dozens of other corporate, commercial and financing matters.* Moscow, Russia: Machala Power/Roseximbank $195m Luxembourg City: Quito Metro/EIB New York: $260m Ecuador Global Bonds $15b Madrid, Spain: Beijing, China: Hospital Financings/CESCE Coca-Codo Hydro/Chexim Houston: Tokyo, Japan: $125m $2b OXY Settlement Metor/JBIC $500m $1.4b Santo Domingo, DR: Mexico City: AES Andres PEMEX Ethylene J-V $300m Dubai, UAE: $2b OTI Fuel Financing Guatemala City: $300m Wal-Mart Central America Caracas, Venezuela: $530m FertiNitro Project $1b Singapore: Quito, Ecuador: PTT Crude Oil Financing EPCE Privatization $2.5b $230m *The graphic above only shows a few representative transactions. Miguel A. Zaldivar - Global Deal List 3 United States New York, NY • Advising the Republic of Ecuador • Advising the Republic of Ecuador in closing and the Central Bank of Ecuador in two a complex liability management transaction, structured commodity transactions repurchasing around 78% of its outstanding and standalone loan facilities, which bonds due in 2020 with the proceeds of a new facilitated close to US$1 billion in financing for US$1.125 billion issuance of bonds due 2029. the Republic of Ecuador by Goldman Sachs. The transaction allowed Ecuador to re-profile The first transaction included a standalone its debt maturity and take advantage of greatly US$400 million loan facility and a sale improved market conditions: and repurchase of 465,619 ounces of gold the 2029 bonds were reopened and issued (valued at approximately US$604 million). above par at a yield of 9.05%, significantly After having repaid the first facility, the second below the original coupon of 10.75%. transaction was for a US$500 million three The transaction also resulted in reducing year standalone loan facility, linked to a three outstanding principal by US$50 million, due year gold transaction, involving 300,000 to the difference in market price between ounces of gold valued at approximately the 2020 and 2029 bonds. Prior to closing US$387 million and a bond issuance of this LM transaction, it was necessary to Republic of Ecuador notes and repurchase substitute 2020 bonds delivered as “collateral” relating to US$606 million worth of sovereign in a US$500 million repo transaction with global bonds. Goldman Sachs, and a transfer of a US$100 Offices: Miami, New York, and London million participation in the repo transaction from Goldman Sachs to ICBC Standard. • Advising the Republic of Ecuador Citibank, JP Morgan and Deutsche Bank in securing its stable return to the global served as financial advisers to the Republic. capital markets. The initial US$2 billion bond Houston, TX Miami, FL Offices: Miami, New York, and London placement was recognized by Latin Finance as • Advising the Republic of Ecuador on • Advising the Central American Bottling its Sovereign Bond Deal of the Year. settlement negotiations with Occidental Company (CabCorp) on settlement We have continued to represent Ecuador in all Petroleum Corporation, resolving the negotiations with Companhia de Bebidas of its global bond insurances since then, raising second-largest ICSID arbitration case in history. das Americas (Ambev), which resolved more than US$15 billion in the global capital The case involved an arbitral award of US$1.8 pending ICC commercial arbitral proceedings markets. Citibank, JP Morgan, Credit billion plus interest issued against Ecuador, for hundreds of millions of US dollars. Suisse and Deutsche Bank served related to the unilateral termination of an oil The case was related to the calculation of as financial advisers to the Republic. production participation agreement. Under the exercise price of a call option by CabCorp Offices: Miami, New York, and London the settlement agreement Ecuador agreed to with respect to the purchase of AmBev’s interest pay Occidental a total of US$980 million plus in Embotelladora Dominicana C. por A. post-award interest in a series of installments, (Embodom) and led to the re-negotiation of thereby obtaining a reduction of US$420 existing joint venture agreements between million. the parties. Offices: Miami and Houston Office: Miami 4 Miguel A. Zaldivar - Global Deal List Central America • Advising Empresa Pública de Exploración • Advising the Republic of Ecuador in Central America y Explotación de Hidrocarburos US$500 million repo transaction with Credit • Advising Wal-Mart’s acquisition of a Petroamazonas EP (“Petroamazonas”) Suisse (London Branch), including re-opening controlling equity interest in the leading in the successful restructuring of US$1.5 of US$500 million in sovereign bonds linked to supermarket and hypermarket chain in Central billion in payments owed to contractors for oil the repo transaction. America, CARHCO, originally formed as a joint exploration and production in the Republic Offices: Miami, New York, and London venture with three equal partners: Dutch retailer of Ecuador. The strategic restructuring • Advising the Republic of Ecuador in Royal Ahold, NV and two Central American was completed through execution of debt US$500 million repo transaction with groups: Corporación de Supermercados recognition agreements entered into with Goldman Sachs, including re-opening of Unidos (CSU) and the Paiz family, the major approximately 20 entities, primarily subsidiaries US$500 million in sovereign bonds linked to shareholders of La Fragua. It was the largest of international oil services providers (including the repo transaction. M&A transaction in Central America’s history Schlumberger). As part of the restructuring, at the time, and we worked with outside Central Petroamazonas executed two bond issuances Offices: Miami, New York, and London American counsel from Costa Rica, Guatemala, in the global debt capital markets, with the Washington, D.C. El Salvador, Nicaragua, and Honduras, and local bonds issued backed by a sovereign guarantee counsel in the Netherlands Antilles. of the Republic of Ecuador. The restructuring • Advising the Republic of Ecuador in recognized payment in full by Petroamazonas the course of its negotiations of a program Offices: Miami, New York and Washington D.C. of all of the restructured commercial payment with the International Monetary Fund Guatemala Mexico obligations and opened Petroamazonas’ access (IMF), which included extensive due diligence to the global debt capital markets, marking consultations explaining the public finance • Serving as international counsel to CabCorp, • Advising Pemex Petroquimica in a the first occasion that a state-owned company transactions on which we advised on for over a the largest soft-drink bottling company and competitive selection process to attract foreign of Ecuador has issued debt securities abroad. decade. As a result of this work, IMF extended distributor in Central America headquartered in investors to form a joint venture to develop the Citibank served as financial adviser to Ecuador a fund facility of US$4.2 billion over Guatemala. We advised them in connection in “Fenix” olefin petrochemical complex for the Petroamazonas. 3 years, with other ECAs and multilateral the negotiations of a master bottling agreement production of ethylene and ethylene derivatives, organizations providing an additional US$6 with PepsiCo, DR-CAFTA trade related matters, Offices: Miami, New York, and London including but not limited to, high-density billion of funding. expansion to other markets throughout Latin polyethylene and low-density polyethylene, • Advising Pequiven in connection with Offices: Miami and New York America and the Caribbean and formation polypropylene, styrene and butadiene the successful tender offer and consent of a joint venture company with beer monomers intended to supply the demand of the solicitation whereby it purchased 99% of the • Advising the Republic of Ecuador manufacturer INBEV. Mexican market. This project was cancelled due outstanding 8.29% Secured Bonds due 2020 in the negotiation of a US$50 million dollar Offices: Miami, Mexico City, Washington D.C., to political reasons. issued by FertiNitro Finance Inc. facility to supplement funding already provided London, Madrid and New York Offices: Miami and Washington D.C. in connection with the FertiNitro fertilizer by the Inter-American Development project for US$247.6 million. Citibank served Bank (IDB) for the expansion of the energy Panama • Advising Pemex and Mexico’s Secretary transmission matrix with the Japan Bank as financial adviser to Pequiven. • Preparing bidding rules and model EPC of Energy (SENER) on drafting the for International Cooperation (JBIC), Offices: Miami, New York and Caracas agreements for the construction of Line 1 of new regulation of the PEMEX law to allow Mizuho Bank, Joyo Bank, the Hachijuni participation of the private sector in contracts • Advising the Republic of Ecuador on an Metro de Panama, the new subway system Bank and the Bank of Yokohama. for exploration activities and the amendment to an existing US$100