Our Firm advised Compañía de Minas Buenaventura S.A.A. in order to obtain a US $ 275 million loan from a syndicate of banks (Banco Latinoamericana de Comercio Exterior, SA, Banco de Sabadell, Miami Branch, Industrial and Commercial Bank of China, Dubai (DIFC) Branch, Interbank, Corpbanca New York Branch, BCP and BBVA Continental) led by Banco de Crédito del Perú (Administrative Agent) and BBVA Continental (Global Coordinator). The loan was used to pre-pay existing debt and corporate expenses of Buenaventura.
Our Firm provided legal assistance to AFD in a loan agreement entered into with Agrobanco, a Peruvian Government bank for agricultural financing. The use of these proceeds was to finance the Project, to achieve a better adaptation of agriculture and rural activities to climate change challenges, through promotion of investment on green projects and structuring sustainable value chains. Our firm had to review AFD’s bidding conditions and Agrobanco bidding conditions and comment on them. Value: US$ 57’465,000.
Our Firm advised DEG as lender in a loan agreement executed with Sociedad Agricola Viru S.A. and Sociedad Agrícola Caynarachi S.A.C. as co-borrowers. Initially it seemed to be a quite standard loan agreement. However the fact that there were two borrowers created special provisions in the loan agreement, and the structure of the securities made the transaction more complex than it was initially foreseen. The mortgages and pledges could be considered standard, but the fact that they were integral amendments to existing mortgages and pledges and the kind of assets being pledged made them interesting and time consuming. Other issue was how to share insurance indemnities with other lenders of the borrowers.
Standard Chartered Bank received legal advised from our Firm regarding refinancing agreements related to a loan granted to Compañía Minera Chinalco S.A. This is a cross border deal (Taiwan and Peru).Value: US$ 120’000,000.
Our Firm acted as legal advisors of Credicorp Capital Servicios Financieros S.A. and Banco de Credito del Perú in a loan agreement made to Gasbis Holding Peru S.A.C. The loan was granted in very short period of time to facilitate borrower’s merger with Solgas S.A. Value US$ 50,000,000.
Our Firm advised Compañía de Minas Buenaventura S.A.A. in a loan agreement executed with a group of local and foreign banks including BCP, BBVA and Interbank from Peru and Banco Latinoamericano de Comercio Exterior (Bladex), Corpbanca New York Branch, Banco de Sabadell, Miami Branch and Industrial and Commercial Bank of China, Dubai Branch. Value: US$ 275’000,000.
AFD received legal advised from our Firm regarding a loan agreement entered with the Republic of Peru to finance part of the Lima Metro Line 2Project – Construcción de la Linea 2 y Ramal Av. Faucett-Gambetta de la Red Básica del Metro de Lima y Callao Provincias de Lima y Callao, Departamento de Lima”. Value: EUR 120,483,000.
Our Firm advised Pacific Stratus Energy del Perú S.A. and Pacific Off Shore Perú S.R.L. who acted as guarantors in connection to the restructuring of Pacific Exploration & Production Corporation including the review of the Indenture and the Note Purchase Agreement and other documents as well as to Petrominerales Peru LTD. and Petrominerales Bermuda LTD. The advice was mainly related to the creation of securities in Peru by the four indicated companies to guarantee Pacific Exploration & Production Corporation’s obligations. Cross border deal (Canada, Colombia and Peru).
This company is one of the biggest mining companies in Peru, and our Firm advised in the acquisition of 100% of shares of Terminales Portuarios Chancay through its company Empresa Administradora de Puertos S.A. which first stage is the developing of pre-operational and pre-financing studies of a multipurpose port project located in Chancay, north of Lima. The project includes the construction of ten equipped wharves. The firm’s participation included the review, comments and negotiation of the sale contract. The value of this deal is confidential.
Our Firm completed a Due Diligence on Plus Petrol Norte S.A., a company owned by CNPC and Pluspetrol Resources Corporation, operator of two hydrocarbon-producing blocks in the northern jungle of Peru.
Our Firm intervened in the drafting and negotiation of the contract by which Sociedad Mineral El Brocal S.A.A. (mining company) hired Buenaventura to take care of all the commercial aspects of its activity, including the logistics and marketing services of mineral.
Our Firm advised our client in the redomiciliation procedures of five companies incorporated in Panama to Peru, assuming a Peruvian legal structure.
Our Firm advised our client and the others shareholders of a Peruvian company owner of a television channel, in structuring the transfer of all the shares of the company. The work involved drafting of an SPA, MOUs, Term Sheets, Cash Flow Trust, consolidated loan agreement, the amendment of a pledge, due diligence, negotiation, among others.
Inversiones Benavides 777 S.A. has been advised by our Firm in the purchase from La Positiva Compañía de Seguros of the 15% of the rights La Positiva held in a brand new building called Edificio Leuro. Value: US$ 12,000,000
Our Firm advised Laive S.A. in a potential purchase of the whole stock of Sociedad Suizo Peruana de Embutidos S.A., a leading company for premium meat products in Peru (Otto Kunz). We performed the legal due diligence and negotiated the SPA.
General assessment received by our Firm in relation to the registration of several contracts executed between SGS del Perú S.A.C. and clients and suppliers for the performance of the activities related to its corporate purpose. Likewise, advised SGS in national and international bids called by national or foreign companies and also reviewing the Bases and the contracts to be entered by SGS and issuing a legal opinion regarding each bid.
Our Firm performed special advised in the most important insolvency proceeding and representation of creditors in the Board of Creditors of DOE RUN PERU S.A.C. one of the biggest mining companies and the most important bankruptcy proceeding currently on going in Peru.
Our Firm advised those clients in the insolvency proceeding started against Empresa Servicios Mineros Gloria S.A.
Our Firm advised KOMATSU in different insolvency proceedings started against debtors derived from credits granted by such company.
The Firm advised Consorcio Energético de Huancavelica S.A., as creditor of Castrovirreyna Compañía Minera S.A.A., in the insolvency proceeding started against such company.
Patent infringement action filed by Bristol-Myers Squibb Holdings Ireland against Tecnofarma S.A. Very important matter due to the sale of pharmaceutical products in Peru. Tecnofarma S.A. defence was on charge of our IP department. Our Firm acted successfully answering the infringement action.
Faro Capital is an investment fund active in buying retail stores and trademarks. Our Firm has successfully advised Faro in the acquisition of the best well-known Peruvian retail trademarks.
Our Firm complied with the registry, renewal and protection of Seta´s trademark portfolio in Peru.
Our Firm complied with the registry, renewal and protection of Swiss Hotel Lima trademark in Peru and advised regarding data protection.
Legal advice from our Firm during a judicial procedure against Buenaventura´s Union for payment of more than US$1.5 million and obtaining the withdrawal of the legal action filed by the Union.
Our Firm is assisting several hydrocarbons industry related companies in dismissal cases and reducing their payroll, as well of several mining companies. So far our Firmhas provided advice in more than 130 cases without any further complaints from the former employees.
Our Firm advised Volcan in more than 200 judicial procedures.
Our Firm advised Milpo in over 300 judicial procedures with former and current employees.
Our Firm advised on the filling of Form F-20 to be submitted to the US Securities and Exchange Commission in order to provide its financial information and to state that the company has complied with all the obligations established in the Peruvian Mining legal Framework.
Our Firm updatedthe Due Diligence of mining concessions from Berenguela Project (2014 – 2016) regarding the transfer of such assets.
Our Firm advised the client on the contractual structure and strategic planning in order to obtain the authorization to use the lands of the peasant community.
Our Firm advised the client in the execution of the Mining Closure Plan and the guarantees needed to ensure any environmental damage from mining activities.
Our Firm performed a Due Diligence of mining concessions from CompañíaMinera Arcata S.A., regarding a Royalty Purchase Agreement of its assets.
Our Firm performed a private audit related to corporate (contracts), labour, tax, environmental and judicial procedures issues since year 2008.
Our Firm advised the client in an administrative requirement related to considering certain liquid hydrocarbon as a controlled chemical product.
Our Firm advised the client in an administrative requirement related to considering a certain liquid hydrocarbon as a controlled chemical product. Also, legal advice on two Administrative Judicial Procedures before OSINERGMIN relative to comply with the minimum reserves of Liquid Petroleum Gas established by current legislation.
Our Firm advised the client in the accusation of polluting the environment and a nearby villager’s factory.
Our Firm advised the client in the accusation of crime against public safety by creating a common danger to persons and property by explosion. The position of our Firm is to confirm that the facts as carried out not are not criminalized as explosion, much less as a common danger for residents of the area. Our client not performs illegal activities and follows the industry standard rules.
Prosecutors have opened a criminal investigation against the company for allegedly receiving money illegally obtained from third parties. The position of our Firm is to show that our client meets the legal standards to prevent money laundering.
Prosecutors have opened a criminal investigation against SGS del Peru SA, for the crime of environmental pollution by not respecting the maximum permissible limits for emissions to the environment. Our Firm position is to indicate that our client does not perform illegal activities and follow the environmental standard rules.
Prosecutors have opened a criminal investigation against SGS del Peru SA for the offense against the safety and working conditions. Our Firm position is to show that our client respects labor standards and meets the requirements established by law.
GMG was victim of aggravated robbery by his staff. Systematically two members of the staff stole money from the safe box. Our Firm advised the client in this investigation to achieve a conviction and the return of the stolen amount.
Cerro: Our Firm advised the client in the contentious-administrative lawsuit to obtain the nullity of two administrative resolutions issued by the District Municipality of Yanacancha, by means of which 112 fines have been applied to the client for an approximate amount of PEN 2,207,000. The firm advises the client in the contentious-administrative lawsuit to obtain the nullity of one administrative resolution issued by the Provincial Municipality of Pasco, by means of which 1 fine has been applied to the client for an approximate amount of PEN 900,000.
Chungar: Our Firm advised in different contentious administrative lawsuits regarding the payment of the vat in relation with exportations of minerals.
Volcan: Our Firm advised the client as defendant in the process of indemnity and damages initiated by the Provincial Municipality of Jauja (Department of Junin, located in the central mountains of Peru) regarding environmental contamination in the place where the mine owned by the client is located.
Our Firm advised the client in various legal proceedings, as well as to revoke administrative fines and tax obligations. Also in processes against the Superintendencia Nacional de Transporte Terrestre in order to revoke fines resulting from the operation of a technical vehicle inspection centre and against the Organismo Supervisor de Contrataciones del Estado (OSCE).
Our Firm advised the client in several lawsuits for the collection of amounts due by its clients and in other lawsuits regarding the rights of its properties and in legal proceedings where the dispute is against such properties.
The client is the principal biodiesel producer in Peru. They have to close his factory in 2014 because of the subsidized and dumped biodiesel exported to Peru by Argentinian producers.Our Firm filed 2 processes, one for anti-dumping measures and the other for countervailing duties.After two years of litigation before the national authority (INDECOPI), and with an active defense of the Argentinian government and biodiesel exporters, we have won both cases.The Peruvian government has applied very important antidumping and countervailing duties against Argentinian biodiesel.The import of Argentine biodiesel in recent years is equivalent to US $ 1,250,000,000.00.
Our Firm has filed two procedures to extend for 5 additional years the anti-dumping duties and countervailing duties to the biodiesel exported by the USA producers. The purpose is to avoid subsidized and dumped American biodiesel into Peru. US$500 M was exported by the US to Peru.
The company is exporting fibers and yarns to the Peruvian textile and apparel industry, which export garments to the US.Our Firm has developed a strategy to use NAFTA and the Free Trade Agreement between USA and Peru to allow this important business.
Our Firm has developed a legal strategy for the Company to export to the US under the FTA.