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Bernardo practice focuses in capital markets, e-commerce and secured transactions, as well as real estate and shipping financing, shareholders disputes and general corporate matters. His experience includes assisting financial entities, including e-commerce entities, in meeting regulatory compliance obligations with the Mexican financial and foreign investment authorities.
Since joining the Firm in 2013, Bernardo has participated in several transactions.
The representation of Aeropuertos Mexicanos del Pacífico, (AMP), the controlling entity of Grupo Aeroportuario del Pacífico, (GAP) in a dispute against Grupo México, ( GMEXICO), regarding the validity of anti-takeover provisions contained in GAP's by-laws. GAP is a public company listed on both the Mexican and the New York Stock Exchanges that operates 12 airport concessions in Mexico. This is a historic decision by Mexico's judicial branch since it is the first time the Supreme Court reviewed a case regarding the application of the Stock Exchange Law (enacted in 2006).
The representation of Fibra Shop, a Mexican real estate investment trust (fideicomiso de inversión en bienes raíces, FIBRA) engaged in the acquisition and development of shopping malls across Mexico, in the establishment of a five-year long and short debt program, and the initial MXN 3 billion debt offering offered at TIIE + 90 bps due 2020, in a public offering in Mexico. The CBs have been listed on the Mexican Stock Exchange. BBVA Bancomer, Actinver and Inbursa participated as lead underwriters in the public offering. This represented a successful transaction for Fibra Shop, considering its current business plan to continue acquiring diverse real estate properties throughout Mexico.
The representation of Quanta Shares by Intercam, (Quanta Shares), an affiliate of Intercam Grupo Financiero, as settlor and financial advisor in the public offering of two new domestic exchange traded funds (ETF) products (PSOTRAC and DLRTRAC) and their listing with the Mexican Stock Exchange. The representation involved obtaining the required authorizations from the Mexican Banking and Securities Commission for the two offerings, and from the Mexican Stock Exchange for their listing therein. This constituted the first offering of interest rate-tracking ETFs in Mexico, as well as Intercam's first offering of securities in the Mexican market.
The representation of Alsis Funds LLC, a Miami-based investment fund focused in Latin America, through its Mexican affiliate, AMVIS, in a MX$92.7 million (approximately USD$5.6 million) financing to JOM, Diseño & Consultoría, a Mexican real estate developer. The transaction was structured as a mezzanine financing for the acquisition of real estate to develop 252 residential housing units in Lomas Verdes, State of Mexico, with the ability for the borrower to engage a subsequent bridge loan for the construction and development of the units. The financing was secured through a security trust (fideicomiso de garantía) comprised by the real estate properties and the collection rights from the future sale of the units, a pledge over the borrower's stock, and a corporate structure granting Alsis special rights in the borrower upon a default of its obligations under the financing documents.
The representation of Blockbuster L.L.C., a wholly-owned subsidiary of DISH Network Corporation, in the sale of its subsidiary, Blockbuster de México, S.A. de C.V., to certain affiliates of Mexican conglomerate Grupo Salinas.