Francisco Torm Metz
Associateftorm@carey.cl
+56 2 2928 2213
His practice focuses on civil and commercial litigation both before ordinary courts and before special and arbitration courts, alternative dispute resolution and restructuring and insolvency proceedings.
REPRESENTATIVE EXPERIENCE
- Mainstream Renewable Power on the implementation of the financial restructuring of its portfolios of ten non-conventional renewable energy generation projects "Huemul" (630MW), "Cóndor" (591 MW) and "Copihue" (148.5 MW), financed under a project finance structure with several banks syndicates and the renegotiation of a Mezzanine financing granted in connection thereto; all of the above as part of the Chilean reorganization processes initiated by Cóndor Energía and Huemul Energía, and under the Chapter 11 process initiated in the United States against certain affiliates of MRP by one of its creditors.
- María Elena Solar, and its controlling group Solarpack, on various aspects, including regulatory matters, related to the judicial liquidation of María Elena Solar, due to adverse conditions that have affected the Chilean energy market.
- Empresas Sencorp, one of the largest real estate and construction groups in Chile, on several matters related to the insolvency of the group, including the reorganization of its main subsidiaries, the renegotiation of its holding-level debt, the liquidation of certain subsidiaries, and the conflicts with its partners in other affiliates.
- CorpGroup and its subsidiaries, CorpGroup Banking and Compañía Inmobiliaria y de Inversiones SAGA, among others, on the restructuring of their liabilities, including 144A Notes issued under New York's law and secured and unsecured bank debt, in a Chapter 11 proceeding brought before the U.S. Bankruptcy Court; as well as on a number of related litigation and direct renegotiations of debts.
- Vivocorp, Inversiones Terra and their affiliates on the restructuring of their debts, one of the most complex and sophisticated restructuring agreements since the current insolvency law is in act, and included the change of control of Vivocorp (that had to be approved by the antitrust authority) and the issuance of three new lines of bonds for a total of approx. USD200 million (UF5.3 million), with the purpose to allow an exchange of the current outstanding bonds issued by VivoCorp and, in turn, the instrumentation of the credit renegotiations agreed with the debtor's creditors, pursuant to the terms agreed in such agreement. The advice included the registration through the Automatic Registration of Debt Securities platform in the Securities Registry of the Financial Market Commission.
- Nueva Unión, a mining project owned by Teck and Goldcorp, formerly known as Minera Relincho, on a claim filed by Christie, a business family owner of a neighboring property, requesting restitution of a portion of land which was acquired for the project.
- Goldman Sachs, as the sole global coordinator, bookrunner, initial purchaser and commitment provider, on a USD489 million zero coupon senior secured notes issuance due 2028 issued by Chile Electricity PEC SpA under Rule 144A/Regulation S of the United States Securities Act of 1933.
- Moly-Cop Chile on an anti-dumping investigation before the Comisión Antidistorsiones, obtaining a definitive 5.6% anti-dumping duty on the imports of grinding balls of Chinese origin with a diameter under 4 inches.
AWARDS AND RECOGNITIONS
- Recognized in Bankruptcy, Insolvency and Restructuring, Legal 500.
EDUCATION
- Law, Universidad Católica de Chile (Summa Cum Laude).
ADMISSIONS
- Chile (2020).
LANGUAGES
- Spanish.
- English.
