Machado, Meyer, Sendacz e Opice Advogados has advised Haztec Tecnologia e Planejamento Ambiental, an environmental consultancy, in an issuance of Bank Credit Certificates (BCCs) worth 280 million reais (US$178.5 million).

In the transaction that closed on 24 March, Souza, Cescon, Barrieu & Flesch Advogados gave counsel to the consortium of banks, comprising Banco Santander, Banco Bradesco and BES Investimento do Brasil – Banco de Investimento, which also relied on in-house counsel.

According to Giovanni Biscardi, partner in Machado Meyer′s Rio de Janeiro office, the proceeds from the issuance will be used by the company to acquire certain assets and re-pay determined debts.

BCCs are debt instruments issued by individuals or entities on behalf of financial institutions and are usually secured by a collateral package. They are frequently used in Brazil as corporate finance instruments.

Henrique Filizzola, partner at Souza, Cescon who provides regular counsel to the banks, says the greatest challenge in getting the deal through was the combination of the "complexity of the security package" and the "language of the BCCs themselves", which meant several security interests had to be created upon the occurance of certain future events.

"As well as these challenges, we also had a very short timeframe in which to negotiate and prepare all the documents," he says. "We overcame these challenges by working around the clock and involving senior associates in the deal. In addition, the good relationship between the banks and the company, as well as their legal advisers, was paramount to getting the deal done in the proposed timeframe."

In 2008, Machado Meyer represented Brazilian private equity fund Fundo de Investimento em Participações in its US$44 million acquisiton of a 10 per cent stake in Haztec and bonds the company had issued in a previous transaction. Andrade & Fichtner Advogados represented the shareholders in that deal.

Counsel to Haztec Tecnologia e Planejamento Ambiental

·         Machado, Meyer, Sendacz e Opice Advogados

Partner Giovanni Biscardi and associates Mariana Coelho Castello and Daniane Rezende Carvalh

Counsel to Banco Santander, Banco Bradesco and BES Investimento do Brasil – Banco de Investimento

·         In-house counsel to Banco Santander (Brasil) – Camila Marzano de Novaes

·         In-house counsel to BES Investimento do Brasil – Banco de Investimento – Joana Smith de Vasconcellos

·         In-house counsel to Banco Bradesco – Mariana Delascio Fortunato

·         Souza, Cescon, Barrieu & Flesch Advogados

Partner Henrique Filizzola and associates Rana Moraz Müller, Cristiane Carvalho and Manoela Miranda

(Latin Lawyer 11.04.2011)

(Notícia na Íntegra)