GFM advises Velitec in the acquisition of SP Argentina through a Cramdown proceeding. Leading Case.

Velitec S.A., a service Company in the oil and gas industry, acquired 100% of the capital stock of SP Argentina, one of the largest oil services companies in Argentina, through a Cramdown proceeding.

Cramdown consists of a mechanism under Argentina’s Bankruptcy Law where a company can be salvaged even when the debtor fails to obtain conformity from a majority of its creditors. The form used in this case is known as “Cramdown Power”, where the court may approve the agreement reached with only one class of creditors and obtaining a 75% approval of the non-secured creditors. This constitutes the first time this method is successfully used in Argentina.

GFM participates in the M&A Panel at the 2019 ABA SIL Annual Conference

On April 10, 2019, GFM partner Pablo Ferraro-Mila spoke on a panel focusing on regulatory and compliance complexity in M&As transactions throughout Latin America, co-sponsored by both by the International M&As and Joint Venture Committee and the Latin America and Caribbean Committee of the American Bar Association, Section of International Law, at the 2019 ABA SIL Annual Conference, which was held in Washington, DC. The panel focused on recent developments in terms of compliance regulations in Argentina and other LATAM countries. From a practical standpoint, the panel covered how to handle compliance issues and related liabilities during the due diligence process, the agreement negotiations and, of course, post-closing (including compliance issues under FCPA, from the perspective of a US investor).

Paramount Texteis Indústria e Comércio S.A. (Brazil)

GFM advised Paramount Texteis Indústria e Comércio S.A. (Brazil) in a dumping case filed by the argentine textile company Linkolan, which was dismissed in its entirety by the Argentine Ministry of Production. This result, which ended without the imposition of anti-dumping duties on all origins (Brazil, Peru and China), constitutes a leading case for Argentina, since it shows a positive change by the local authorities towards decisions based exclusively on technical and legal issues, moving away from commercial conflicts outside the sphere of control of such state agencies.

ATANOR SCA

GFM advised ATANOR SCA, a company controlled by the Albaugh Group, in the sale if the rights and assets associated with the Marapa Sugar Mill and Distillery, located in the Province of Tucuman, which in the year 2016 reached a record production of 62,000 tons of sugar.  

EMPRESAS PHOENIX

GFM advised EMPRESAS PHOENIX, in the acquisition of the five stars Sheraton Salta hotel, located in the city of Salta – Argentina.

EMPRESAS PHOENIX is a family business conglomerate with headquarters in Spain and Chile and investments in Real Estate, Tourism, Renewable Energies and Financial Investments. In addition, it’s the owner of several hotels in Europe including “The Westin La Quinta Golf Resort & Spawww.westinlaquinta.com famous for its five-star golf complex in Marbella, Spain.

EXPORT QUÉBEC

On February 21, 2017, GFM participated in a conference organized by theMINISTRY OF ECONOMY, SCIENCE AND INNOVATION OF QUÉBEC – EXPORT QUÉBEC, to lecture Canadian investors about Doing Business and the legal regime in Infrastructure, Mining and Energy (in particular, Renewables) in Argentina. The conference took place in the city of Montreal, Canada.