Meet the team

Infrastructure and Projects

Philippi Prietocarrizosa Ferrero DU & Uría

Bogota, Colombia
+1 other location
  • Barranquilla, Colombia
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Deals

Goldman Sachs, J.P. Morgan (Joint Bookrunners, initial purchasers); J.P. Morgan Chase Bank, MUFG, SMBC, Societe Generale, CACIB, Siemens Financial Services, FDN, Bancolombia, Banco Davivienda (Lenders):

Counsel in the US$906 million refinancing of the 4G toll road project Rumichaca – Pasto. Advised was provided to Goldman Sachs and J.P. Morgan as joint bookrunners and initial purchasers in the offering of approximately US$262 millon senior secured UVR indexed social notes, JPMorgan Chase Bank, MUFG, SMBC, and Societe Generale, CACIB, and Siemens Financial Services under the US$305 million international credit facility, and FDN, Bancolombia, and Banco Davivienda as lenders under the US$260 million local credit facility.

The financing also involved a US$79 million local revolving facility provided by Compartimento A del fondo de capital privado FCP Deuda Infraestructura II Sura – Credicorp Capital. The funds of the financing will be used to finish the construction of approximately 83 km of toll roads in the Department of Nariño, along with its operation and maintenance.

Cintra Global SE, Acciona Concesiones and Mercantil Colpatria:

Counsel in the bidding process for the award of the two 5G toll road PPP concession agreements for the design, construction, financing, operation and maintenance of the Troncal de Magdalena Project (Phase 1: Sabana de Torres – Curumaní 272 km) (Phase 2: Puerto Salgar – Barrancabermeja 259 km). The Troncal del Magdalena Project is the longest and most important toll road project in Colombia. It connects the Caribbean coast with Bogotá D.C.

Our advisory included the drafting and negotiation of (i) the shareholders’ agreement and (ii) the EPC agreement with the future EPC contractor.

Cintra Global SE, Vinci Highways/Vinci Concessions and Constructora Conconcreto S.A:

Counsel in the bidding process for the award of the 5G toll road PPP concession agreement for the design, construction, financing, operation and maintenance of the Phase II of Access Roads to the city of Bogotá D.C. (Accesos Norte Fase II). Our advisory includes the drafting and negotiation of (i) the shareholders’ agreement and (ii) the EPC agreement with the future EPC contractor.

Deutsche Bank A.G:

Counsel to Deutsche Bank in connection with a US$ 100 million long term loan to the Distrito Especial y Portuario de Barranquilla to repay the existing short-term facility granted for the purpose of financing infrastructure projects included in its Plan de Desarrollo 2020-2023 “Soy Barranquilla” to boost the Districts’s growth and reactivate its economy.

Fondo de Capital Privado Colombia Infrastructure Equity Fund:

Counsel to Fondo de Capital Privado Colombia Infrastructure Equity Fund in the Private Placement of Senior Secured Notes due 2029 to finance the acquisition of 32.2% of the shares of Sociedad Portuaria Terminal de Contenedores de Buenaventura, S.A., and 50% of the shares of Terminal Logístico de Buenaventura S.A. Sociedad Portuaria Terminal de Contenedores de Buenaventura, S.A. is one of the leading port companies in Colmbia and the region.

Societé de Promotion et de Participacion pour la Cooperation Economique S.A. (Proparco) and Financiera de Desarrollo Nacional S.A:

Colombian counsel to Proparco and Financiera de Desarrollo Nacional as senior lenders in connection with a financing of USD 130 million for the acquisition of a fleet of 406 electric buses for two functional units in Fontibón to render public transportation services in Bogotá.

Organigram

Team Services

We advise our clients throughout all stages of their projects (as from the structuring of private initiatives and/or public bidding processes or, and until their projects reach O&M stages) including:

  • Conducting legal due diligence of the specific projects, including corporate, contractual, environmental, tax, regulatory, permits, labor and other matters, and in structuring the risk allocation matrix of the projects.
  • Structuring of private tender processes originated by non-governmental entities for the awarding of projects, based on different awarding structures.
  • Preparation of technical and economic offers in connection with public bidding processes
  • Structuring Public-Private Partnerships (PPP), from private initiative, if any, the prefeasibility stage, structuring of the concession contracts, the filing of the PPP proposals with the governmental awarding entity and until the implementation of the project.
  • Corporate structuring of project SPVs as well as drafting and negotiation of shareholders’ agreements, joint venture agreements, consortiums and other types of business development vehicles.
  • Structuring and negotiating of project documents, such as EPC contracts, O&M agreements, off-take agreements and supply agreements, among others.
  • Structuring of financial schemes and equity fund raising structures both in local and in international banking and capital markets.
  • Drafting, negotiation and closing of all the financing documents, including the security package and guarantees associated therewith.
  • Representation of creditors and debtors in connection with insolvency procedures.

Additionally, our practice area works closely with other specialized practice areas of our firm, in providing advice to our clients in the following matters:

  • Tax /Fiscal structuring of the project.
  • Land acquisition processes and title studies in connection therewith.
  • Authorization procedures with customs authorities in connection with free trade zones for the project as well as other authorizations concerning project equipment importation.
  • Permitting procedures with competent governmental authorities (including, without limitation, environmental authorities) related to licenses and permits required for construction or/and operation of the projects.
  • Regulatory advisory in specific industries such as oil & gas, energy and transport, water and sewerage, among others.
  • Litigation arising in connection with the project.

Testimonials

Awards and Recognition

FINANCIAL INNOVATION OF THE YEAR: “REFINANCING OF THE 4G RUMICHACA-PASTO PROJECT

Capital Markets Deal of the Year Awards, LatinFinance 2022

CORPORATE RESTRUCTURING OF THE YEAR: “DIP FINANCING OF AVIANCA HOLDINGS

Capital Markets Deal of the Year Awards, LatinFinance 2022

Infrastructure Law Firm of the Year – Andes

Project & Infrastructure Finance Awards, LatinFinance 2022

Infrastructure Financing of the Year – Andes: “Autopista Rumichaca Pasto 4G”

Project & Infrastructure Finance Awards, LatinFinance 2022

Port Financing of the Year: “Puerto Antioquia”

Project & Infrastructure Finance Awards, LatinFinance 2022

Road Financing of the Year: “Rio Magdalena 2”

Project & Infrastructure Finance Awards, LatinFinance 2022

Americas Transport Deal of The Year: “Rio Magdalena 2”

PFI Annual Awards 2021

Local Currency of the Year: “Puerta de Hierro”

Project & Infrastructure Finance Awards, LatinFinance 2021

Infrastructure Financing of the Year: “Enfragen”

Project & Infrastructure Finance Awards, LatinFinance 2021

Infrastructure Law Firm of the Year – Andes

Project & Infrastructure Finance Awards, LatinFinance 2021