Secured Finance Transactions
Taking Security, Deal Structures and Emerging Markets, Second Edition
Published: 2022
Pages: 416
eBook: 9781787425163
This second edition brings together experts on this topic, provides a practical guide to important legal developments in the field of secured finance and expands further on the work in the first edition in covering the types of collateral used as security, the variety of transaction types and geographical coverage in emerging markets.
Secured Finance Transactions, Second Edition provides the legal practitioner, businessman and banker, student and interested observer, with a practical guide to important legal developments in the field of secured finance. It includes key coverage of:
the taking of security interests over key business assets;
the application of security in the context of a variety of different transaction types; and
the characteristics of secured transactions in core emerging and developing markets.
This second edition, with 23 chapters, brings together experts on the topic and expands further on the work in the first edition in covering the types of collateral used as security, the variety of transaction types and geographical coverage in emerging markets. An invaluable manual for those already present or entering into the financing arena, this title is a critical support at a time of unprecedented international lending activity.
Table of Contents
Cover | Cover | |
---|---|---|
Title | 1 | |
Copyright | 2 | |
Contents | 3 | |
Introduction | 7 | |
Part 1. Taking security | 11 | |
English law security interests | 11 | |
Receivables | 23 | |
Inventory | 37 | |
Real estate | 53 | |
Intellectual property | 67 | |
Security interests in bank accounts under the UNCITRAL Model Law on Secured Transactions | 79 | |
Security interests in receivables under the UNCITRAL Model Law on Secured Transactions | 105 | |
Part 2. Secured financing structures | 119 | |
Acquisition finance | 119 | |
Asset-based lending | 137 | |
Aircraft finance | 153 | |
Shipping finance | 169 | |
Real estate finance | 183 | |
Fund finance | 197 | |
Islamic finance | 215 | |
Project finance | 229 | |
Part 3. Emerging markets | 257 | |
Emerging markets – general features | 257 | |
Africa | 269 | |
Central and Eastern Europe | 291 | |
Latin America | 305 | |
Brazil | 306 | |
Mexico | 314 | |
Colombia | 322 | |
Peru | 328 | |
Argentina | 333 | |
Chile | 336 | |
Part 4. Additional features and developments | 341 | |
Security trustees | 341 | |
Rescue financing: a US and UK comparison | 355 | |
Intercreditor arrangements | 369 | |
Reform | 383 | |
About the authors | 403 |
Maria Alevras-Chen
Counsel, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/maria-alevras-chen-08883729/
Maria Alevras-Chen is a counsel in Mayer Brown’s Chicago banking and finance practice, and a member of the Latin America and securitisation groups. She has deep experience advising commercial banks, fund investors and issuers on structuring and executing securitisations, supply chain and trade finance facilities, advance payment structures and other complex financing arrangements, as well as other innovative crossborder debt and equity transactions across a multitude of asset classes and industries in Latin America. While Maria’s experience includes transactions in 12 countries in the region, she has significant experience structuring and executing transactions in Argentina, Brazil, Chile, Colombia, Mexico and Peru in the fintech, infrastructure, mining, trade receivable and commodity sectors, among others.
Bill Amos
Partner, Mayer Brown
[email protected]
https://www.linkedin.com/in/bill-amos-80767390/
Bill Amos is a partner with Mayer Brown, having qualified as a solicitor in England and Wales (1991) and Hong Kong (1995), and as a notary public (2006). He is the author of chapters in Chitty on Contracts: Hong Kong Specific Contracts, the Maritime Law Handbook and Arbitration in Hong Kong: A Practical Guide. A fellow and former council member of the Hong Kong Institute of Arbitrators, Bill has been appointed as arbitrator in numerous ad hoc and administered arbitrations. Bill advises banks, insurers and trading companies on matters concerning asset finance, trade finance and international sale of goods. He has represented clients in a wide variety of highprofile cases covering an extensive range of commercial disputes. A leading individual in the Shipping (International Firms): China rankings of Chambers Asia-Pacific (2021), Bill is described as having “super detailed knowledge of shipping law and case history” and the “ability to find solutions in a prompt and expeditious manner”.
Spyridon V Bazinas
Lecturer, author and consultant
[email protected]
https://www.linkedin.com/in/spyridonvbazinas/
Spyridon V Bazinas is a law lecturer, author and independent consultant who advises states and national and international organisations on trade law reform matters. He was the secretary of the UNCITRAL Working Group VI (Security Interests) from 2003 to 2017, when it prepared a number of texts on security interests, including the Guide to Enactment of the UNCITRAL Model Law on Secured Transactions (2017) and the UNCITRAL Model Law on Secured Transactions (2016). He was also involved in UNCITRAL’s work on insolvency, bank guarantees, procurement and electronic commerce. He has also provided technical assistance to states and lectured all over the world on a variety of international trade law topics. For a number of years, he has been teaching a course on secured finance (including insolvency and private international law) at the Law School of the University of Vienna, Austria and other law schools around the world. Spyridon has co-authored more than 10 books and published more than 50 articles on various topics and, in particular, on secured financing and insolvency.
Jan R Boker
Senior counsel, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/jan-r-boker-586580150/
Jan R Boker has been senior counsel at Mayer Brown in Mexico since 2018. He advises US, Mexican, European and Asian financial institutions and clients on cross-border lending transactions, including structured finance, trade receivables and supply chain finance and securitisations. From 2009 to 2012 he served as general director at the Ministry of Economy, where he designed and implemented the Sole Registry of Movable Guarantees known as ‘RUG’. From 2012 to 2015 he worked at the Ministry of Finance and Public Credit coordinating and supervising development banks, and actively participated in the 2014 financial reform. In 2015, he was appointed general counsel of Financiera Nacional de Desarrollo Agropecuario, where he restructured a large number of loans and improved the bank’s origination and collection processes. Jan also advises on banking and financial services regulation to several financial institutions, including fintechs. He speaks Spanish, English and German.
Trevor Borthwick
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/trevor-borthwick-24967345/
Trevor Borthwick is a partner in the finance and restructuring departments of Mayer Brown in London. He is widely regarded as one of the leading lawyers in the London investment grade finance market. He has more than 30 years of experience advising on restructuring and rescue finance and investment grade lending in the London market. Before joining Mayer Brown, he was a partner in another major international firm for more than 20 years.
Trevor has led teams on some of the largest restructurings in the London market in recent years, advising the coordinating committees on the provision of rescue finance and the terms of the restructured senior debt and security. Recent examples include leading the restructurings of Interserve plc and Debenhams plc, and advising the brokerage facility lenders in the restructuring of ED&F Man.
Trevor advises lenders (both banks and funds) and borrowers on a variety of restructuring matters and on ‘business as usual’ financings.
Stuart Brinkworth
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/stuart-brinkworth-14220a170/
Stuart Brinkworth is the European head of leveraged finance and a banking and finance partner in Mayer Brown’s London office. He has extensive experience spanning over 200 midmarket deals and advising across all elements of the debt capital structure, having been a partner in the City since 2006. He advises UK and international lenders (including credit and debt funds), private equity sponsors and sponsorbacked portfolio companies on a variety of UK, European and cross-border leveraged finance transactions, including private equity-backed leveraged buy-outs, public bids, recapitalisations, rescue-style financings and restructurings. Prior to joining Mayer Brown in 2018, he led the London finance practice of another large international firm.
Stuart attended Lancaster University for his LLB and completed the LPC at The College of Law.
Meredith Campanale
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/meredith-campanale-0aa19318b/
Meredith Campanale is a partner in the banking and finance and global projects and infrastructure practices of Mayer Brown’s London office. She advises on project financings across various sectors, including oil and gas, power, mining and metals and infrastructure. She has extensive experience representing sponsors and lenders – particularly development finance institutions, export credit agencies and multilateral agencies – on complex and innovative financings. Meredith has advised on projects in Europe, the Middle East, Africa and the Americas. She is qualified to practise in both New York and England and Wales.
Maggie Cheung
Partner, Mayer Brown
[email protected]
https://www.linkedin.com/in/maggie-cheung-6b9b79139/
Maggie Cheung is a partner at Mayer Brown. She advises banks and other financial institutions on various ship finance and leasing transactions, preparing cross-border bilateral and syndicated loan documentation and advising on finance structures. She also advises on other shipping industry matters, including registrations, charterparties and insurances. She acts for shipowners in various vessels construction and sale and purchase transactions.
Maggie has been recognised as a Leading Individual in Asset Finance (Hong Kong) by The Legal 500 Asia Pacific (2020–2022); as a Band 1 individual in Ship Finance (International Firms): China by Chambers Greater China Region Guide (2022); and a Leading Individual in Ship Finance (International Firms): China by Chambers Asia Pacific (2013–2021). Clients praise her as “exceptional, professional and friendly”, “commercial and responsive”, “experienced in PRC-related transactions” and “able to execute time-constrained transactions with efficiency”.
Claudia Chiper
Partner, Wolf Theiss
[email protected]
https://www.linkedin.com/in/claudiachiper/
Claudia Chiper heads the capital markets and banking and finance teams in the Bucharest office of Wolf Theiss and has practised in these fields for almost 15 years. Claudia has extensive experience in dealing with and coordinating finance transactions, as well as advising international and domestic credit institutions, financial companies and corporations in relation to regulatory aspects of Romanian law, capital markets law and financial services. She is a specialist in payment services and has advised credit institutions, non-banking financial institutions, e-money issuers and other payment service providers on licensing issues, the launch and structuring of products on the Romanian market and consumer protection aspects.
Ian Coles
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/iancolesmayerbrown/
Ian Coles heads Mayer Brown’s Africa and mining practices and co-heads the global projects practice. He concentrates his practice on all aspects of bank and debt finance, ranging from projects and other structured finance to commodities financing and restructuring. He represents banks and other financial institutions, sponsors and other participants in finance transactions throughout the world.
Ian has led on a number of leading transactions in project finance across Africa and has led the practice to a Band 1 ranking for Africa in Mining (Chambers Africa). Continually recommended by the legal directories, he is listed as an Africa Specialist in the Legal 500; a Band 1 Lawyer in Chambers UK; a Hall of Fame member in the Legal 500 UK; and a Global Elite Thought Leader in Who’s Who Legal.
Ian joined Mayer Brown in 1981, becoming a partner in 1987, and is the author of numerous articles in connection with Africa, mining and project finance.
Barry Cosgrave
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/barry-cosgrave-0593346/
Barry Cosgrave is a partner in the London and Dubai offices of Mayer Brown and head of its Islamic finance practice. He has worked on Islamic finance transactions for over 15 years in the Middle East, the United States, Europe and Southeast Asia. Barry covers all aspects of Islamic finance across multiple practice areas, including fund formation and investment management; structured finance; Sukuk; Islamic derivatives; and structured products, finance and project finance. Barry also has a particular expertise in Shariacompliant special situations and restructuring, including Sharia-compliant debt trading. Barry spent six years living and working in the Middle East and advises a wide variety of clients on the full range of Islamic finance matters. He is a regular speaker at industry events and regularly authors articles on Islamic finance. He has been listed as a leading expert in the Who’s Who of Capital Markets Lawyers (Islamic Finance) since 2013.
Andrew Crotty
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/andrew-crotty-9839b9b/
Andrew Crotty is a partner in the banking and finance practice of Mayer Brown in London. His practice focuses primarily on the leveraged and real estate finance markets, in which he has broad experience advising private equity sponsors, corporates, banks, credit funds, pension trustees and other financial institutions on a wide variety of cross-border and domestic financing transactions, acquisitions, restructurings, loan-onloan financings and general banking matters. Andrew has extensive experience advising clients on complex capital structures, security and intercreditor issues. He advises clients at all levels of the capital structure, with deal experience covering a variety of sectors including aviation, financial institutions, mining and metals, residential and commercial real estate, retail, biotech and life sciences.
Robert David
Partner, Wolf Theiss
[email protected]
https://www.linkedin.com/in/robert-david-81446a166/
Robert David heads the local banking and finance team in Prague and specialises in acquisition finance, real estate finance, export finance, project finance, refinancing and recapitalisation, as well as general lending. He also has extensive experience in capital markets transactions (bond and Eurobond issues, initial public offerings and documenting derivatives transactions). Robert has advised a large number of clients – including financing banks, corporate clients and investors – on a wide range of high-profile cross-border and domestic banking and finance transactions. Prior to joining Wolf Theiss, Robert worked for renowned international law firms in Prague and London for over 20 years.
Alex Dell
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/alex-dell-08477510/
Alex Dell is head of the banking and finance group of the London office, as well as co-chair of the firm’s asset-based lending (ABL) practice. He is focused on multi-jurisdictional receivables financing programmes and ABL transactions. Alex advises on a range of true sale issues, as well as borrowing base techniques, from both a lender and borrower perspective. He also has in-depth knowledge of off-balance-sheet considerations, payables finance, fintech platforms, bill discounting and floor planning. Alex represents banks, credit funds, sponsors and corporates, including some of the world’s largest financial institutions and companies. He is widely recognised as a leading ABL and receivables financing lawyer in the United Kingdom.
Danister de Silva
Senior associate, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/danisterdesilva/
Danister de Silva is a senior associate in the banking and finance practice of the London office of Mayer Brown International LLP.
Danister represents debt funds, bank lenders, private equity sponsors and corporate borrowers in connection with domestic and international acquisition/leveraged financings, refinancings and restructurings. He also has experience in bank/ bond financings, securitisations and margin lending.
Before joining Mayer Brown, Danister practised in Sydney, Frankfurt and with a major international firm in London.
Danuta de Vries
Counsel, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/danuta-de-vries-rychlicka-8a99051/
Danuta de Vries is counsel in the banking and finance practice of the London office and the global projects and infrastructure group. She has extensive experience acting for banks, development finance institutions, export credit agencies, development finance institutions and other financial institutions, as well as a variety of borrowing entities, on a broad range of domestic and international finance transactions. Her project finance work focuses on the mining and minerals sector. She frequently advises on export credit finance transactions on both the lending and borrowing sides. Danuta has vast experience working in emerging market jurisdictions, including in Africa, Asia and Eastern Europe. Danuta is recognised as a Next Generation Partner in Emerging Markets in Legal 500 UK. Danuta joined Mayer Brown in 2007. While at Mayer Brown, she has completed client secondments at Fortis Bank (currently BNP Paribas), JPMorgan and HSBC Bank plc.
Douglas A Doetsch
Partner, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/douglas-a-doetsch-b89573b/
Douglas A Doetsch is a partner with Mayer Brown LLP, where he serves as head of the firm’s Latin America/Caribbean practice and is a member of the banking and finance practice. He advises clients on infrastructure financings in the port, airport and road sectors; acquisition and other leveraged lending transactions; and structured credit transactions. He is also a leader in crossborder securitisation transactions, especially future cash-flow securitisations.
In his cross-border work, Doug also regularly advises on emerging market debt restructuring and debt exchange offers. In addition, his transactional work involves asset and stock acquisitions, real estate investments and crossborder joint ventures.
Chambers USA 2021 describes him as: “Simply amazing. He has seen practically every transaction in Latin America and has much experience in the region.” Doug was also selected by Latinvex as one of Latin America’s top 100 lawyers in 2021.
Alban Dorin
Partner, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/alban-dorin-00242016/
Admitted to the Paris Bar, Alban Dorin is a partner in the banking and finance and global projects practices of Mayer Brown’s Paris office, and regularly advises on international asset and project finance transactions. He has advised clients on financing transactions in most Francophone African jurisdictions and his experience extends to advising on all types of major projects related to Africa. Alban is continually recommended and ranked by legal directories and has in particular been singled out since 2019 as a Next Generation Partner both in Banking and Finance and in Mining, Oil and Gas and Natural Resources by Legal 500 EMEA. He is described in the guide as “very knowledgeable” and “familiar with Francophone Africa laws and regulations”. In addition to his native French, Alban is fluent in English.
Simon Fisher
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/simon-fisher-7a1a01b/
Simon Fisher is a partner in the banking and finance group of the London office of Mayer Brown International LLP.
Simon’s practice is primarily focused on secured asset-based lending (ABL) transactions – particularly large syndicated cross-border and transatlantic ABL transactions – and multijurisdictional trade receivables financings, representing some of the world’s largest banks and financial institutions as well as credit funds. He has extensive experience in structuring and implementing complex and innovative crossborder transactions and regularly works in conjunction with counsel in the United States and multiple European and Asian jurisdictions. Simon also represents financial institutions and corporates across a broad spectrum of domestic and international commercial financing transactions, as well as acting for sponsors, corporates and financial institutions in connection with funds finance credit facilities.
Pablo Gayol
Partner, Marval, O’Farrell & Mairal
[email protected]
https://www.linkedin.com/in/pablo-gayol/
Pablo Gayol joined Marval, O’Farrell & Mairal in 1997. His practice in the firm is centred on capital markets, banking and derivative regulations. He graduated as a lawyer cum laude from the Pontifical Catholic University of Argentina in 1996 and obtained a master of laws from the University of Chicago Law School in 1997 and a master of finance from the University of CEMA in 2002. Pablo has also been a CFA charterholder since 2012.
Pablo is a professor of derivatives law at Torcuato Di Tella University and a professor of foreign exchange regulations at the University of San Andrés. He is also a professor at the University of CEMA.
Pablo is ranked in Band 1 by Chambers & Partners and as a Leading Individual by Legal 500, among others.
Dominic Griffiths
Managing partner, London, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/dominicgriffithsmayerbrown/
Dominic Griffiths is managing partner of Mayer Brown, London, a leading international law firm pre-eminent in the financial services sector. He has spent over 25 years in City law firms, with two of those years working in Milan, Italy. Dominic’s practice is concentrated on complex cross-border lending, including asset-based lending (ABL) and receivables finance, as well as structured finance transactions for the world’s leading banks and credit funds. He is ranked as a leading individual in Legal 500 for both ABL and securitisation and has won many awards for his work, including receiving the Client Choice Award 2013 for Banking Law and Banking Lawyer of the Year for the United Kingdom in 2021, as well as multiple year entries as a world-leading practitioner in Who’s Who Legal for Capital Markets/Structured Finance.
Dominic was educated at the University of Bristol and The College of Law and is dedicated to the promotion of diversity and social inclusion in the workplace, including through his position as director and advisory board member of One Million Mentors.
Andrew Hepner
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/andrew-hepner-2ab0b632/
Andrew Hepner is head of the real estate practice and co-head of the real estate finance practice in the London office of Mayer Brown.
He has extensive experience acting for banks, financial institutions, funds, investors and corporate clients. Andrew has a particular focus on structured real estate finance advising both lenders and sponsors in relation to investment and development facilities. He also acts for banks, private equity and opportunity funds and other participants in the acquisition, disposal and restructuring of performing and non-performing debt portfolios secured on real estate. Andrew has represented clients on many high-profile transactions in the real estate finance market.
Andrew is recommended and ranked as a key individual by Chambers UK and Legal 500. He joined Mayer Brown as a trainee in 1998 and qualified in 2000.
Przemek Kozdój
Partner, Wolf Theiss
[email protected]
https://www.linkedin.com/in/przemek-kozd%C3%B3j-81b8032/
Przemek Kozdój is one of the leading Polish finance lawyers, with more than 20 years of professional experience. He has worked in international law firms in Poland, the United Kingdom and the Czech Republic, as well as in a financial institution in Germany. He is a partner at Wolf Theiss and heads the banking and finance practice in Poland. He is well known for his achievements in real estate finance, advising investors and banks on numerous complex transactions in Poland and Russia. Przemek advised on the takeover of a leading financial institution, managing crucial financial aspects of the transaction, such as a multi-billion, multicurrency credit line providing back-up financing for a mortgage loan portfolio. He also counselled on the transfer of an enterprise of a bank to a branch of its holding company, as well as on the financial restructuring of Polish companies with subsidiaries in several jurisdictions. Przemek regularly advises fintech companies.
Katerina Kraeva
Partner, Wolf Theiss
[email protected]
https://www.linkedin.com/in/katerina-kraeva-161b298/
Katerina Kraeva heads the banking and finance team of Wolf Theiss in Sofia and is a widely recognised finance lawyer with more than 20 years of professional practice. She has extensive experience advising both lenders and borrowers on acquisition finance, real estate finance, project finance and restructurings. She serves in advisory roles in a wide range of cross-border and local lending projects, and advises clients on regulatory issues in the financial services sector on acquisitions, sales, operations establishment and regulatory compliance and licensing. Her expertise covers aircraft financing, Islamic finance and financial derivatives transactions. Prior to joining the firm, Katerina held senior positions at international law firms and was an in-house legal adviser and chief legal adviser to Bulgarian banks for more than five years. For six consecutive years (2016–2021), Legal 500 has distinguished her as one of the leading legal experts in the practice area of banking and finance in Bulgaria.
Cecilia Mairal
Partner, Marval, O’Farrell & Mairal
[email protected]
https://www.linkedin.com/in/cecilia-mairal-17935618/
Cecilia Mairal is one of the most experienced partners in Marval O’Farrell Mairal’s banking and finance department.
She has extensive experience and is highly active in advising banks on their private banking and investment banking businesses; multinational companies and family offices on the creation of investment vehicles; as well as cross-border bank financings, international securities transactions and debt restructurings. She also has niche expertise in sensitive regulatory work and complex international banking litigation cases. Cecilia is the client relationship partner for several of the firm’s key clients and leads the teams advising them on complex multi-disciplinary matters.
She has been recognised by many of the most prestigious legal publications. Chambers Latin America 2017 described her as “an excellent lawyer”. In 2017, Cecilia was recognised as the Best Finance Lawyer in Latin America in the Americas Women in Business Awards organised by Euromoney.
Charles Malpass
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/charles-malpass-9483657a/
Charles Malpass has a wide-ranging practice which focuses primarily on real estate and real estate-backed transactions. He has been practising for more than 25 years at leading international and City law firms, and has been a partner for over 15 years.
His practice includes all aspects of real estate transactions (acquisition, financing and disposal across all asset classes), non-performing loan transactions, securitisations, senior and mezzanine loan origination, and loans backed by consumer, residential mortgage and commercial mortgage debt.
He has worked on some of the highest-profile deals in the European market, including major developments, acquisitions and financings of large portfolios of properties and hotels, and distressed situations/restructurings. He is a leader in his field and is widely recognised for his complex multi-jurisdictional work. He frequently advises on transactions across Europe and in Russia, the Middle East and the United States.
Jane Man
Senior associate, Mayer Brown
[email protected]
https://www.linkedin.com/in/jane-man-b3000510/
Jane Man is a senior associate in the asset finance team of Mayer Brown’s Hong Kong office. Her practice covers a wide range of transactions in the aviation sector, including the acquisition of new aircraft from manufacturers; the sale and purchase of used aircraft; and the negotiation of leases (including operating leases and sale and leasebacks). She also advises on performance guarantees and warranties relating to new aircraft and engines; long-term engine maintenance agreements; inventory management arrangements; cabin product development agreements; in-flight entertainment supply agreements; ticket sales agency arrangements; and codeshare arrangements. Jane also has experience on a wide array of commercial and bespoke deals in the aviation industry. She has advised top-tier airlines, aircraft and engine lessors, as well as maintenance and repair organisations.
Shri Maski
Partner, Mayer Brown LLP, Tokyo
[email protected]
https://www.linkedin.com/in/shri-maski-8a39b713/
Shri Maski is a partner in Mayer Brown’s banking and finance and global projects and infrastructure practice in Tokyo. He focuses on project financings and has advised sponsors, lenders (including European and Asian export credit agencies) and public authorities on projects across sectors such as energy, mining and infrastructure (including Private Finance Initiative/publicprivate partnerships (PPPs)).
Prior to joining Mayer Brown, Shri worked at leading international law firms in Japan, the United Kingdom and the Middle East. Shri has lived in Japan for over nine years and has completed secondments to the Japan Bank for International Cooperation in Tokyo and the Export Import Bank of Korea in Seoul, where he advised on project and finance documentation for transactions in Australia, Southeast Asia, Europe and Latin America.
Ashley McDermott
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/ashley-mcdermott-b9041392/
Ash McDermott is a partner in the London office of Mayer Brown. His practice mainly involves syndicated loan financings in emerging markets – particularly export, project, sovereign, structured trade and multilateral financings. He has experience of many different jurisdictions and cultures, having previously worked in Moscow, Hong Kong and Tokyo. Ash wrote the Loan Market Association’s first facility agreement for use in export finance and is regularly consulted and published in relation to topical issues such as debt sustainability in emerging markets and London Interbank Offered Rate transition.
Ignacio Mirasol
Senior associate, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/ignacio-mirasol/
Ignacio Mirasol is a senior associate in the banking and finance practice of Mayer Brown’s London office. He has experience advising lenders, private equity sponsors, sponsor portfolio companies and corporate borrowers on a wide range of transactions, including cross-border acquisitions, recapitalisations, refinancings, public-to-private takeovers and general corporate financings. He has a particular focus on sponsor-backed crossborder acquisition financings.
Prior to joining Mayer Brown in 2019, Ignacio completed his training contract and qualified into the debt finance practice of a large international law firm in London. In 2017, he undertook a secondment in the financial services legal team of The Royal Bank of Scotland plc.
Ignacio attended the London School of Economics for his LLB and completed the LPC at The University of Law, London.
Luis Otero Montes
Partner, Tauil & Chequer Advogados in association with Mayer Brown
[email protected]
https://www.linkedin.com/in/luis-maximino-otero-montes-20bb1725/
Luis Otero Montes is a partner in the São Paulo office of Tauil & Chequer Advogados in association with Mayer Brown and a member of the finance and capital markets practices. He focuses on project finance transactions and construction law, representing multilateral institutions, commercial banks, institutional lenders and project sponsors in infrastructure, energy and natural resources projects. Luis has significant experience in corporate, finance and capital market law, and has participated in significant lending transactions and projects structuring in Brazil and Latin America, including the construction and financing of energy and infrastructure projects; equity and debt offerings (both domestic and offshore); and banking regulation – in particular, banking products, derivatives and regulatory aspects. Luis holds a bachelor of law degree (JD equivalent) from the University of São Paulo and an LLM from Fundação Getúlio Vargas. He is ranked as a Leading Individual in different legal directories.
Juan Pablo Moreno
Partner, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/juan-pablo-moreno-68717524/
Juan Pablo Moreno is a partner in Mayer Brown’s banking and finance practice and the Latin American and Caribbean group. Juan Pablo regularly represents financial institutions and large corporates involved in cross-border transactions in Latin America with a focus on structured finance, project finance, corporate finance and capital markets transactions, including lending and securities offerings in the form of private placements or under Rule 144A/Regulation S offerings. Juan Pablo has a unique background, having been admitted to practise in both the United States and Colombia, and having practised as a lawyer in France, Colombia and the United States.
Mark Prinsley
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/mark-prinsley-a3a69914/
Mark Prinsley is a partner in the London office of Mayer Brown. He heads the intellectual property and technology practice in the firm’s London office and has many years of experience in the intellectual property and personal data aspects of transactions, acting for sellers, buyers and lenders. Mark’s transactional and licensing experience spans a wide variety of sectors and industries, including fast-moving consumer goods, chemicals, retail, technology, travel and leisure, professional services and e-commerce. He has extensive experience of multinational transactions, including in particular the treatment of personal data in arrangements which involve international data transfers.
Ariel Ramos
Partner, Mayer Brown LLP
[email protected]
https://www.mayerbrown.com/en/people/r/ramos-ariel
Ariel Ramos is a partner in Mayer Brown’s finance and energy practice groups based in the firm’s Mexico City office, focused on energy, infrastructure and projects. Ariel also has extensive experience in structure finance, lending and credit transactions, project finance, M&A, regulatory matters and governmental procurement. Among others, he has represented international and national conglomerates in acquisition transactions in different sectors, including steel, telecommunications, energy and infrastructure. He has also represented investment funds and institutional investors in financing and acquisition transactions.
Ariel has been ranked as a top lawyer in Energy, Infrastructure, Projects, Project Finance, Natural Resources and Government Procurement by international publications such as Chambers Latin America: Energy & Natural Resources and Chambers Global.
Loreto Ribera
Senior associate, Carey y Cía
[email protected]
https://www.linkedin.com/in/loreto-ribera-concha-604b1b98/
Loreto Ribera is a senior associate at Carey y Cía, where she is a member of the banking and finance practice. She advises clients on local and foreign project financing in various industries, including energy and mining projects, lending transactions and banking law. She also has experience in commercial and corporate law matters, such as M&A, due diligence coordination, contract negotiation and corporate governance.
Gabriela Sakamoto
Partner, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/gabriela-sakamoto-0238b99/
Gabriela Sakamoto is a partner in Mayer Brown’s Washington DC banking and finance practice, and a member of the Latin America and global projects groups. Gabriela’s practice focuses on advising commercial banks, multilateral agencies and other financial institutions – as arrangers, lenders and agents – on cross-border project finance, structured finance, capital markets and acquisition financing transactions, particularly in Latin America. Her Latin American experience is extensive and includes transactions in more than 10 countries in the region – including Argentina, Brazil, Chile, Colombia, Mexico and Peru – and across a wide range of sectors, including energy, oil and gas and infrastructure.
Luis Schrader
Associate, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/luis-andres-schrader-7753144a/
Luis Schrader is an associate in Mayer Brown’s banking and finance practice and the Latin American and Caribbean group. Luis has extensive experience representing financial institutions and large companies in cross-border transactions in Latin America, with a special emphasis on structured finance, project finance, corporate finance and capital markets transactions, including lending transactions and securities offerings in the form of private placements or under Rule 144A/Regulation S offerings.
Aimee Sharman
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/aimee-sharman-0a616a2b/
Aimee Sharman is a partner in the banking and finance practice of the London office. She has a broad client base across multiple fund and asset classes (eg, private equity funds, credit funds, infrastructure funds, secondary funds, real estate funds, emerging market funds and hedge funds), acting for both borrowers and lenders on a wide range of financing products across the fund finance sector. Her extensive experience includes advising on bridge financing, GP support or coinvestment facilities, fund of funds financing, net asset value/asset-backed facilities or hybrid facilities and preferred equity solutions.
Gary Silverman
Counsel, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/gary-silverman-1ba9144/
Gary Silverman is counsel in Mayer Brown’s banking and finance practice in London. Gary holds an LLM in banking and finance law from University College London and has specialised in advising corporate trustee and loan agency houses on a broad range of banking and debt capital market products for over 15 years, including securitisations and other forms of asset-backed and secured finance lending. He has significant experience advising on pre- and post-completion matters, including exercise of trustee discretion.
Rachel Speight
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/rachel-speight-22350212/
Rachel Speight is a partner in the banking and finance and global projects and infrastructure practice of the London office. She represents banks and sponsors in international structured and project financings. She particularly focuses on the mining finance sector and has experience in infrastructure finance in areas including road, rail and healthcare, including work on PPP projects. Consistently recommended and ranked as a key individual by the legal directories, Rachel is recognised as a Leading Individual and “is recommended for advising banks and sponsors on cross-border project financings, particularly in Africa markets” (Legal 500 UK). Rachel has also been listed in The 100 Global Inspirational Women in Mining and has been named as one of the Hot 100 Lawyers by The Lawyer.
Rachel joined Mayer Brown in 1999 and has spent some time on secondment to both The Royal Bank of Scotland and WestLB.
Richard Stock
Partner, Mayer Brown
[email protected]
https://www.linkedin.com/in/richard-stock-01635642/
Richard Stock is a partner in Mayer Brown’s Hong Kong office. He is a co-leader of Mayer Brown’s banking and finance practice and a leader of the firm’s asset finance team. He focuses his practice on the aviation industry, with nearly 30 years’ experience assisting airlines, lessors and financial institutions in documenting aircraft and aviation transactions.
Richard’s practice covers the lifecycle of an aircraft, including aircraft purchase arrangements (he has documented original equipment manufacturer purchase agreements for the purchase of aircraft with a total value exceeding $30 billion); aircraft finance arrangements (including commercial debt, export credit agency supported debt, tax leases, operating leases and sale and leaseback transactions); aircraft maintenance and operational support arrangements (including long-term engine maintenance agreements and inventory technical management agreements with total revenues exceeding $7 billion); aircraft leases, sub-leases, charters and wet leases; and aircraft disposals and parting out arrangements. These arrangements have concerned both commercial aircraft and corporate jets.
Charles Thain
Partner, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/charles-thain-780b41125/
Charles Thain is a partner in Mayer Brown’s banking and finance practice in London. His work is focused on asset-based lending, receivables finance, payables finance and trade finance; and he represents financial institutions, sponsors, corporates and fintechs in both domestic and cross-border transactions.
Having managed legal due diligence projects relating to receivables/payables/trade finance products in over 70 jurisdictions, Charles has a unique breadth of knowledge in this area. He is a trusted and go-to adviser for these products and has drafted standard form documentation for these products for a number of financial institutions and fintechs.
Before qualifying in law, Charles obtained a master’s degree in chemistry.
Sarah Walters
Professional support lawyer, Mayer Brown International LLP
[email protected]
https://www.linkedin.com/in/sarah-walters-4b7b8333/
Sarah Walters joined Mayer Brown’s London office as a professional support lawyer in the banking and finance practice in 2019. She is responsible for developing the knowledge strategy; helping the practice stay abreast of cutting-edge issues and products; organising thought leadership; developing precedent documents and other practice resources; training lawyers; and assisting in the implementation of technology to allow the practice’s lawyers to leverage internal and external knowledge to deliver excellent client service. Prior to becoming a professional support lawyer, Sarah gained extensive experience at leading firms in London acting for lenders, borrowers and financial institutions in relation to corporate finance, acquisition and leveraged finance transactions.
Conor Warde
Partner, Mayer Brown
[email protected]
https://www.linkedin.com/in/conorwarde/
Conor Warde is a partner in the Hong Kong office of Mayer Brown and is Mayer Brown’s head of ship finance and maritime transactions. He has a diverse practice advising clients on transactional, corporate, regulatory and policy matters, with particular experience in ship finance and maritime transactional matters. He represents companies, commercial lenders, lessors, lessees and investors in international financings, M&A, restructurings and other corporate transactions across multiple industries and involving a broad range of corporate finance and investment issues, including senior and subordinated debt financings, asset-based lending transactions and private equity investments.
Conor is recognised as a Leading Individual in Asset Finance (Hong Kong) by Legal 500 Asia- Pacific; a Leading Individual in Ship Finance (International Firms): China by Chambers Asia Pacific; and an Expert Based Abroad in China in General Business Law, Marshall Islands by Chambers Asia Pacific. Clients report that he “thinks ahead, is extremely organised [and] extremely well plugged into the industry”, “is very professional” and “provides commercial insights into the shipping industry and shipbuilding”.
Matt Wargin
Partner, Mayer Brown LLP
[email protected]
https://www.linkedin.com/in/matt-wargin-a0a6414/
Matt Wargin, a partner in Mayer Brown’s restructuring practice group, represents institutional lenders, bank groups, hedge funds and other creditors in out-of-court workouts, bankruptcy proceedings and other distress situations, including advising corporate clients on distressed asset sales and acquisitions and on structuring considerations in complex debt transactions.
Matt’s experience includes representing debtors and other stakeholders in Chapter 11 proceedings and also includes a variety of matters representing corporate trust clients in connection with restructurings, litigation and other special situations.
Matt has advised clients in connection with transactions and disputes involving a wide variety of industries, including telecommunications, oil and gas, manufacturing, life insurance and financial services. Matt regularly litigates matters in federal bankruptcy and district courts and has significant experience working with expert witnesses and litigating contested valuation issues.