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TORRE VIRREYES, PEDREGAL 24, 24TH FLOOR, COL. MOLINO DEL REY, MEXICO CITY, 11040, MEXICO
Tel:
Work +52 55 4748 0600
Fax:
Fax +52 55 4748 0690
Email:
Web:
www.creel.mx
Mexico City, Monterrey

Carlos Aiza

Tel:
Work (52) 55 4748-0633
Email:
Web:
www.creel.mx
Creel, García-Cuéllar, Aiza y Enríquez, S.C.

Work Department

Banking and Finance, Capital Markets and Workouts.

Position

Carlos Aiza is a partner with Creel, García-Cuéllar, Aiza y Enriquez, S.C. in Mexico City, where he heads Banking and Finance and Capital Markets practice groups and is a member of the Executive Committee.


Mr. Aiza practices in the areas of banking and securities law with an emphasis in corporate and structured finance, capital markets, real estate finance, project finance, asset securitization, derivatives and workouts.

Mr. Aiza has worked on the most innovative structured finance, capital markets, real estate finance and asset securitization transactions in Mexican history, including the first-ever Mexican cross-border whole loan, domestic mortgage-backed and domestic auto loan securitizations, the first asset-backed commercial paper conduit, the first public listing of equity development certificates known as CKDs, the first public listing of CKDs linked to an infrastructure fund, the first public listing of CKDs linked to a real estate fund, the three largest real estate investments trust (FIBRA) IPOs, two of the largest Mexican workouts in recent history and the first-ever infrastructure and energy investment trust (FIBRA E) IPO.

Mr. Aiza has been featured as a leading practitioner in the fields of banking and finance, capital markets, securitization, derivatives and workouts by various international publications, including Chambers & Partners, International Financial Law Review, Practical Law Company, LatinLawyer, CNN Expansión,  Best Lawyers, Lawyer Monthly Magazine, Corporate Intl Magazine and Who’s Who Legal. Latin Business Chronicle, published by Latin Trade Group, named Mr. Aiza one of the Top 50 Lawyers in Latin America in 2010, and in the same year

Career

Foreign Associate in the International Banking Group in the New York office of Coudert Brothers during 1993 and 1994. He joined Creel, García-Cuéllar, Aiza y Enriquez, S.C., in 1995 and became partner in 1998.

Languages

Spanish and English.

Member

Mr. Aiza is a member of the International Bar Association (IBA)

Education

Mr. Aiza obtained his law degree (JD) from the Universidad Iberoamericana School of Law in 1991, and his Masters in Law from Georgetown University Law Center in 1993.


Mexico

Banking and finance

Within: Leading lawyers

Carlos Aiza - Creel, García-Cuéllar, Aiza y Enríquez, S.C.

Within: Banking and finance

Historically focused on representing lenders, although increasingly active in assisting borrowers, the banking and finance practice at Creel, García-Cuéllar, Aiza y Enríquez, S.C. gives clients a ‘superlative’ service, with ‘immediate responses and deep specific know-how’. The firm is ‘expensive, but worth it’. The 33-strong team is the first port of call for large-scale, complex financing mandates, including syndicated loans, corporate financing, energy financing, real estate financing and transport financing (shipping and aviation). Carlos Aiza leads the team, acting mainly as a rainmaker; he is valued by clients for being ‘a strong strategist, with a profound knowledge that he is constantly updating’. Client and peer favourite Pedro Velasco had an active year, leading teams that advised Citibank, as agent, on a $284m financing; Crédit Agricole Corporate and Investment Bank, as administrative and collateral agent, on an $810m multi-jurisdiction secured syndicated financing in favour of McDermott International; and BBVA Bancomer, Goldman Sachs (USA) and Morgan Stanley Senior Funding, as arrangers, on a $400m super senior revolving credit facility granted to Atento. Giovanni Ramírez Garrido acted as counsel to Southern Cross Group subsidiary Tars Holding, as borrower, on a MXN$1.25bn syndicated financing for refinancing of existing debt and other corporate purposes; and Santander, as lender, administrative agent and security agent, on a MXN$2.26bn syndicated financing by several banks and other financial institutions in favour of Invercap Service Management. Lauded by clients for his ‘deep expertise and good client service’, Rodrigo Castelazo led a team that counselled Crédit Suisse (Cayman Islands branch) as collateral agent, administrative agent and lead arranger on a $42m credit to International Tug for the acquisition of vessels. Key support comes from Mercedes Haddad A, and associates Victor Gallegos and Emilio Aarun. Associate Andrés Barrosov is also noted. Eduardo Flores Herrera joined the firm as a partner in July 2017, having previously been Vice-President for Securities Oversight at the National Banking and Securities Commission; as did Iker Arriola (a specialist in development and financing of energy and infrastructure projects) and José Ignacio Segura (who has a specialisation in project finance and PPPs) in March 2018 from White & Case S.C.. Lender side clients include Banco Sabadell, Banco del Bajío, Bank of America, Barclays, Commerzbank, Deutsche Bank, HSBC, Inter-American Development Bank, Scotiabank and UBS; and, on the borrower side, Blackstone, BlackRock, FINSA, Grupo Lala, Grupo Mexico, Mexico Retail Properties, Prudential Real Estate Investors, and Walton Street Capital.

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Bankruptcy and restructuring

Within: Leading lawyers

Carlos Aiza - Creel, García-Cuéllar, Aiza y Enríquez, S.C.

Within: Bankruptcy and restructuring

At Creel, García-Cuéllar, Aiza y Enríquez, S.C., the bankruptcy and restructuring practice draws on its leading banking and finance expertise to assist clients (creditors and debtors) on all non-litigious aspects of corporate recovery, insolvency, restructurings and workouts. The team of four partners and five associates has been present on some of the more relevant bankruptcy and restructuring cases of the last years, including those that affected the home ownership sector in Mexico, namely assisting Credit Suisse as creditor in the restructuring of Urbi Desarrollos Urbanos and its subsidiaries; Deutsche Bank in connection with the recognition and workout of its claim against major Mexican mortgage originator, Metrofinanciera; and the IDB regarding the renegotiation of its partial credit guarantee under the pre-pack bankruptcy proceeding initiated by Metrofinanciera. The practice group continues to act as counsel to Banorte and GEO on the restructuring of the housing developer’s debt with the bank, including a potential corporate restructuring of GEO. The case was led by practice head Carlos Aiza and Pedro Velasco; both also handle banking and finance and capital markets matters. Rodrigo Castelazo and senior associate Emilio Aarun continued to advise the bond-holders in the restructuring of $100m-worth of medium term notes issued by Arendal; the case was a cross-border restructuring of NY law-governed notes issued by a Mexican company in the context of a potential bankruptcy of the client. Velasco worked on two of the firm’s other highlight cases (assisted by Aarun in the first instance), one involving the restructuring of a loan in the real estate sector within the context of the bankruptcy of a developer, and another a complex cross-border restructuring of a credit agreement between several entities. Key partner Mercedes Haddad is also part of the team; and Iker Arriola joined the firm from White & Case S.C. in early 2018. His practice covers banking and finance, capital markets, corporate and M&A, restructuring and real estate. Clients include Credit Suisse, Credit Suisse (Cayman Islands Branch), ING Wholesale Banking, Actinver Wealth Management, Invex, CI Banco, Novo Banco, Mercantile Cap Advisors, Apollo Management Singapore, Mexico Retail Properties, and CSE Mortgage LLC/Capital Source (a division of Pacific Western Bank).

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Capital markets

Within: Leading lawyers

Carlos Aiza - Creel, García-Cuéllar, Aiza y Enríquez, S.C.

Within: Capital markets

Market opinion indicates Creel, García-Cuéllar, Aiza y Enríquez, S.C. is at the spearhead of capital markets practice. Clients agree that the firm is ‘excellent’ in this sector, and that it brings together experts who are able to cover any concerns that may arise. The practice group stands out for its sheer size (36 lawyers, of whom eight are partners) and for the fact that it consistently acts on innovative and first-of-their-kind deals. In recent examples of this, practice head Carlos Aiza and Carlos Zamarrón assisted Riverstone and Vista Oil and Gas in the first IPO of a Special Purpose Acquisition Company (SPAC) in Mexico and Latin America, raising $650m; Aiza and Mercedes Haddad assisted FIBRA Terrafina with the first equity shelf registration programme, and the first follow-on public offering under said programme by a Mexican issuer, which raised $290m; and Aiza and Rodrigo Castelazo acted for FIBRAVIA on the first rights offering by a Fibra E, which raised MXN$4.1bn (following advice given to Pinfra on the IPO of FIBRAVIA, Mexico’s first energy and infrastructure investment trust). Moreover, Zamarrón assisted Credit Suisse with structuring the first publicly listed commercial real estate lending platform, which raised MXN$5.76bn and was listed as a CKD; as well as Mexico Tower Partners with the structuring, negotiation and implementation of the first securitisation of cell phone towers in Mexico, valued at $115m; and Castelazo advised the initial purchasers on a global offering of senior unsecured notes by Infraestructura Energética Nova, consisting of a simultaneous public offering in Mexico and private placement under rule 144A/Reg S outside of Mexico and including a Singapore listing; as well as Credit Suisse, Banorte Ixa and BBVA Bancomer, as lead Mexican Underwriters on a private placement and subsequent follow-on public offering in Mexico and international placement of shares by RLH Properties, for a total amount of $318m. Name partner Jean Michel Enríquez, Giovanni Ramirez Garrido, Pedro Velasco and Jorge Montaño are also active in the practice. Iker Arriola joined the firm in early 2018 from White & Case S.C.; his practice covers capital markets, banking and finance, corporate and M&A, restructuring and real estate. Other clients include Bank of America, Barclays, Citibanamex, Deutsche Bank, Goldman Sachs, HSBC, JP Morgan, Morgan Stanley, Blackrock, Blackstone, CKD Infraestructura México, Macquarie, Mexico Retail Properties, Prudential Real Estate Investors, and Walton Street Capital.

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Real estate

Within: Real estate

Clients are unabashedly effusive about the ‘top class’ real estate team at Creel, García-Cuéllar, Aiza y Enríquez, S.C.: ‘in my opinion, it is the best real estate law firm in Mexico. This is a law firm that has everything that a client needs and not only professionally speaking but also from a personal point of view’, says one. Another adds that the lawyers ‘know how to get things done and close deals. That’s what they do, and that’s what we need. They are expensive, but totally worth it’. The 32-strong team is solidly integrated, including with other departments in the firm, and it is, therefore, able to handle highly complex deals, from transactional to finance matters, including CKDs, FIBRAs, and CERPIs in all real estate sectors. A ‘strong negotiator, with a great deal of experience in the field’, ‘top notch real estate lawyerFrancisco Montalvo leads the practice from the firm’s Monterrey office. His recent work involved real estate acquisitions, including acting as counsel for Nucor JFE Steel Mexico in the acquisition of approximately 100 hectares of land (once subject to the Mexican agrarian regime) located in Silao, Guanajuato, for the establishment of a steel galvanising plant, a case also involving ejido issues. Key partner Carlos de Icaza, based in Mexico City, assisted the Dutch Embassy with negotiating and executing the lease agreement for its new offices in the capital; and MRP in the MXN$7.8bn sale, to Fibra Uno (FUNO), of a portfolio of 16 stabilised shopping centres across 11 Mexican states, and one plot of land in the greater Mexico City area. In the former mandate he was supported by senior associate Alfonso Pulido whom clients describe as ‘a versatile, hands on lawyer with deep knowledge of real estate transactions. There is a noticeable difference when he participates in a deal. He has a great willingness to work, any time, any day’. Pulido was also present on a deal led by another key partner, Carlos del Río, in which the team – also involving IP and insurance lawyers – advised Tesla on the negotiation of lease agreements for the establishment of its operations in Mexico, including the negotiation of Supercharger Stations in several locations across Mexico, required for the implementation of an electric charging network for all-electric Tesla vehicles. Senior associate Pilar Orozco was also involved in this deal. Del Río teamed up with other key partner Badir Treviño-Mohamed (based in Monterrey) as counsel to RLH Properties in the acquisition of a holding in the companies that own the Rosewood, Fairmont, Banyan Tree and Andaz Mayakoba-brand hotels and the "El Camaleón" golf course, in Quinatana Roo. Treviño-Mohamed was very active in FIBRA work, most notably, (in conjunction with capital markets partner Carlos Aiza) he led the team that assisted Grupo Bafar in the negotiation, implementation, and structuring of FIBRA Nova, including its offering on the Mexican Stock Exchange. Counsel Valentina Villa and associate Rogelio Rueda are also noted, and key support also comes from senior associate Carlos Yamamoto. Iker Arriola joined the firm from White & Case S.C. in early 2018. Clients include Macquarie Mexican REIT, FIBRA Macquarie, Terrafina, Walton Street Capital, Prudential Real Estate, Artha Capital, GE Capital Real Estate, Black Creek Capital, O’Connor Capital Partners, Mexico Retail Properties, Starwood Hotels and Resorts, Prologis and Southern Cross.

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