Thomas Pate | White & Case LLP International Law Firm, Global Law Practice
 Thomas Pate
 Thomas Pate

Thomas Pate

Associate, Miami

T +1 305 371 2700

E [email protected]

Overview

Thomas routinely advises sponsors, borrowers, commercial-bank lenders, development banks, export credit agencies and other participants in complex, and many times cutting-edge, project finance transactions, PPP transactions and other financing arrangements in Latin America.

Thomas has recently worked on matters in Argentina, Brazil, Colombia, Costa Rica, Chile, Guatemala, Mexico, Panama, Peru, El Salvador, Honduras, Uruguay and Venezuela. Recent representations have included matters in the renewable energy, infrastructure, transportation, mining, petrochemical, industrial manufacturing and financial services industries.

Bars and Courts

  • New York State Bar
  • District of Columbia Bar
  • Florida State Bar
  • Authorized to practice law in Venezuela

Education

  • LLM, Harvard Law School
  • JD, University of Miami School of Law
  • JD (equivalent), Universidad Católica Andrés Bello

Languages

  • English
  • Spanish

Experience

Various sponsors in limited recourse financings for wind and solar projects in Uruguay pursuant to an innovative A/B loan structure combining traditional bank financing provided by the Inter-American Investment Corporation and the issuance of securities purchased by a group of investors in a private placement under Section 4(a)(2) and Regulation D of the Securities Act of 1933.

Ongoing representation of the sponsors in the development of a project to expand and improve a 220 km road in Paraguay. The project is a public-private partnership (PPP).

Corporación Andina de Fomento and DEG – Deutsche Investitions- Und Entwicklungsgesellschaft MBH in connection with financing for a hydroelectric power project in Peru with an installed capacity of 84 MW.

Concesionaria Vial Sierra Norte S.A., as borrower, in connection with a US$200 million project financing for the development, construction, operation and maintenance of the 875 km toll road project "Longitudinal de La Sierra – Tramo 2". The project is a public-private partnership (PPP).

Banco BICE, CaixaBank, CorpBanca and DNB Group, as lenders, in connection with a long-term project financing for the development of the Laberinto Project, a 146MWp Solar Photovoltaic Plant in Chile.

Terminal Internacional del Sur S.A., as borrower, and Santa Sofia Puertos S.A., as sponsor, in connection with the US$280 million limited-recourse project financing of the expansion of the Matarani Port in the Islay district of Arequipa, Peru.

Odebrecht in the development, construction and financing of the US$1.2 billion Chaglla hydroelectric (run-of-the-river) project in Huanaco, Peru, with an installed capacity of 406 MW.

ISAGEN S.A. ESP in connection with the procurement, development and financing of the 820 MW Hidrosogamoso hydroelectric (dam) project in Colombia.

ENAP, the national oil company of Chile, in connection with a US$200 million financing for the construction of an alkylation complex located within ENAP's Aconcagua Refinery in Concón, Chile.

Natixis, as administrative agent, Crédit Agricole Corporate and Investment Bank, JPMorgan Securities LLC, Mizuho Corporate Bank, Ltd. and Natixis, as lead lenders in a syndicate of 27 lenders, in connection with the negotiation and execution of a US$3 billion senior revolving export credit facility for Vale S.A. and its Swiss and Canadian subsidiaries.

Publications

  • Triple-A Rating Stench: May the Credit Rating Agencies be Held Accountable?, 3 J. App. Econ. 13, 2010
  • Evaluating Stabilization Clauses in Venezuela's Strategic Association Agreements for Heavy-Crude Extraction in the Orinoco Belt: The Return of a Forgotten Contractual Risk Reduction Mechanism for the Petroleum Industry, 40 U. Miami Inter-Am. L. Rev. 347, 2009
  • Venezuela, in Aircraft Repossession and Enforcement: Practical Aspects, Kluwer International Law, 2009, (co-author)
  • The Past, Present and Future of the Arbitral Clause in Foreign Investment Legislation: In Pursuit of the Balance, on file at Langdell Law Library, Harvard Law School, 2006

Awards & Recognition

Chambers and Partners, Chambers Global 2013: Spotlight, Banking & Finance (USA)

Chambers and Partners, Chambers Global 2013: Experts Based Abroad, Banking & Finance (Venezuela)

Florida Super Lawyers, Rising Star, 2013