Thursday, 7th October 2010 by Emiliano Mellino

Felsberg, Pedretti, Mannrich e Aidar Advogados has helped Brazilian sugar and ethanol producer Infinity Bio-Energy issue US$68 million in bonds, having previously steered the company through a judicial restructuring and its acquisition by the Bertin Group.

The bonds were issued in early September with some additional documents related to the deal being formalised yesterday. Linklaters acted as international counsel to Infinity on this deal, with Pinheiro Neto Advogados and Mayer Brown LLP advising the bonds′ buyers.

The trustee for the bondholders, Bank of New York Mellon, was advised by Machado, Meyer, Sendacz e Opice Advogados and Emmet, Marvin & Martin, LLP.

Infinity entered into a court-supervised reorganisation proceeding, which was approved by its shareholders in December 2009. Felsberg Pedretti, which advised the company during the proceedings, stayed on as counsel when the Bertin Group, one of Brazil′s largest agribusinesses, bought a 71 per cent stake in the company and for this latest issuance.

HSBC, Banco Santander and Bradesco were creditors in Infinity′s judicial restructuring and consequently hold assets in the company and share the security of the new debt. They were advised by Bernardi & Schnapp Advogados, Brasil, Pereira Neto, Galdino, Macedo Advogados and their in-house counsel, respectively.

The banks and the bondholders′ securities are being held by Oliveira Trust.

The five-year notes were issued by the company′s subsidiaries - Disa, Usinavi and Alcana – and will be issued together with warrants to purchase common shares of Infinity.

Counsel to Infinity Bio-Energy

·         In-house counsel - José Octávio Motta


·         Felsberg, Pedretti, Mannrich e Aidar Advogados

Partners Thomas Felsberg and Fabrizio Sasdelli, and associates Paulo Campana, Bernardo Simão, Luiz Gustavo Rocha, Vivian Rudge and Marina Tiezzi


·         Linklaters

Partner Scott Sonnenblick and associates Jennifer Muñoz, Sean Zoltek and Dylan Letrich

Counsel to the investors


·         Pinheiro Neto Advogados

Partner Daniela Anversa and associate Giuliano Colombo


·         Mayer Brown LLP

Partner Ricardo Gonzalez and associates Jeffrey Susskind, Regina Leal and Cyntia Menezes

Counsel to The Bank of New York Mellon


·         Machado, Meyer, Sendacz e Opice Advogados

Partner Nei Zelmanovits and associates Renato Gomes Ribeiro Maggio


·         Emmet, Marvin & Martin, LLP

Partner Margery Colloff

Counsel to Oliveira Trust

·         In-house counsel - Maurício Nicodemus

Counsel to Bradesco

·         In-house counsel - Therezinha Nobre

Counsel to Santander

·         Brasil, Pereira Neto, Galdino, Macedo Advogados

Partner Bernardo Carneiro and associate Stella Moraes

Counsel to HSBC

·         Bernardi & Schnapp Advogados

Partner Bruno Chiaradia, and associate Welson Lassali Rodrigues and Rodolfo Nicastro

(Latin Lawyer 07.10.2010)

(Notícia na Íntegra)