Elba L.Bermúdez

Associate

Miami + 1.305.714.9725

Elba Bermúdez represents financial institutions, including commercial and development banks, borrowers, and project sponsors and developers in a wide variety of cross-border and domestic financing-related transactions. She has particular experience advising clients on complex financings in the banking, mining, energy, transportation, and infrastructure sectors.

Elba has represented public and private corporate borrowers, financial institutions, and companies in lending transactions, including project financings, asset-based financings, debtor-in-possession financings, and syndicated dollar and foreign currency financings in the United States, Latin America, and Asia. Recent transactions include a syndicated credit facility for a telecommunications company in Colombia, a debt restructuring transaction for a retail company in the United States, and a syndicated credit facility for a copper mine expansion project in Chile.

Elba also maintains an active pro bono practice and is involved in the Firm's pro bono efforts on behalf of unaccompanied children from Central America. Recently, she successfully represented two unaccompanied minors from Guatemala in obtaining asylum utilizing a novel "Cinderella" theory. While working for the U.S. Department of Justice, she received two awards from the Attorney General: a special achievement for a special act in 2008 in recognition of a sustained superior performance related to a lending matter and a special commendation for outstanding service in 2007 in a housing discrimination matter.

Experience

  • Opdenergy divests majority stake in two solar photovoltaic plants in Mexico totaling 144MWp and forms Vera RenovablesJones Day represented Otras Producciones de Energía Photovoltaica, S.L. ("OPDE"), a member of the OPDE Group, in connection with the sale of 80% of its equity interests in two photovoltaic power plants, and associated electrical substations and interconnection lines, located in the Mexican states of Aguascalientes (34.2 MW) and Coahuila (82.5 MW) to an affiliate of Riverstone Holdings, an energy and power-focused private investment firm.
  • Sacyr Concesiones S.L. obtains $451.5 million project financing for Colombian toll road projectJones Day represented Sacyr Concesiones S.L., as sponsor, Unión Vial Río Pamplonita S.A.S., as concessionaire, and Fideicomiso Unión Vial Río Pamplonita S.A.S., as borrower, in connection with a $451.5 million long-term project financing, consisting of a U.S. dollar tranche and Colombian Peso debt tranches, provided by a syndicate of major financial institutions led by Deutsche Bank AG, New York Branch and JPMorgan Chase Bank, N.A.
  • JinkoSolar sold two solar photovoltaic (PV) plants in Mexico to White River RenewablesJones Day advised JinkoSolar Holding Co., Ltd., one of the world's largest and most innovative solar panel manufacturers, in the sale of two solar photovoltaic (PV) plants in Mexico to White River Renewables.
  • Corporate trustees seek advice relating to LIBOR transitionJones Day is advising two U.S.-based corporate trustees with respect to portfolios impacted by LIBOR transition and COFI cessation, including conducting portfolio-wide risk impact assessments, analyzing various consumer products, and developing litigation contingency plans.
  • Grupo Kuo obtains US$300 million multi-draw revolving loanJones Day represented Grupo Kuo, S.A.B. de C.V., a Mexico-based industrial and commercial global holding company, and its subsidiaries in connection with a US$300 million multi-draw revolving loan financing comprised of a U.S. dollar tranche and a Mexican Peso tranche provided by a syndicate of major financial institutions.
  • Grupo Kuo obtains US$175 million senior unsecured term loanJones Day represented Grupo Kuo, S.A.B. de C.V., a Mexico-based industrial and commercial global holding company, in connection with a US$175 million senior unsecured term loan provided by Bank of America, N.A.
  • Investment banking and securities firm provides $110 million senior secured term loan facility to owner of upstream oil and gas assets in Oklahoma’s Arkoma stackJones Day advised an investment banking and securities firm in connection with a $110 million senior secured term loan facility provided to an owner of upstream oil and gas assets in the Arkoma stack located in the State of Oklahoma.
  • Terminal Portuario Paracas obtains $183 million long term financing for port expansion in Pisco, PeruJones Day represented Terminal Portuario Paracas S.A., as concessionaire, and Servinoga S.L, Pattac Empreendimentos e Participações S.A., and Tucumann Engenharia e Empreendimentos Ltda., as sponsors, in connection with a $183 million long term financing to fund construction costs relating to the expansion of the Pisco port in Peru.
  • Canacol Energy completes $320 million International Offering of Senior NotesJones Day represented Canacol Energy Ltd., a vertically integrated, publicly listed, international energy company engaged in the acquisition, development, exploration, and production of crude oil and natural gas, in connection with a Rule 144A and Regulation S offering of $320 million aggregate principal amount of 7.25% Senior Notes due 2025.
  • Jinko Solar completes first long-term financing of $135 million 130 MW photovoltaic solar power project in MexicoJones Day represented Jinko Solar, as sponsor, and its project company, Solar Park Viborillas, S. de R.L. de C.V., in connection with the development, construction, and senior financing of Jinko’s 130 MW photovoltaic solar power project to be constructed in Las Viborillas, Jalisco, Mexico.
  • Major financial institution provides $100 million financing to Brazilian fuel distributorJones Day represented a major financial institution in connection with a $100 million 5-year term loan facility provided to a Brazilian fuel distributor.
  • JBIC, BTMU, SMBC, and Mizuho Bank provide financing for Escondida Copper Mine expansion projectJones Day represented Japan Bank for International Cooperation ("JBIC"); The Bank of Tokyo-Mitsubishi UFJ, Ltd., as lender and administrative agent; Sumitomo Mitsui Banking Corporation; and Mizuho Bank, Ltd., as lenders, in connection with a US$500 million syndicated credit facility for Minera Escondida Limitada ("MEL"), a Chilean mining company and operator of the largest copper mine in the world, jointly owned by BHP Billiton Ltd., The Rio Tinto Corporation plc and JECO Corporation/JECO 2 Ltd. (consortia lead by Mitsubishi Corporation).
  • JPMorgan Chase and Scotiabank-led syndicate provide $300 million financing to TigoJones Day advised JPMorgan Chase Bank and The Bank of Nova Scotia and certain of their respective affiliates as joint-lead arrangers and as lenders in connection with a $300 million term loan financing provided to Colombia Móvil S.A. E.S.P. (Tigo), a subsidiary of the Colombian state-owned company UNE EPM Telecomunicaciones S.A., a leading telecommunications company in Colombia and the guarantor of Tigo's obligations under the loan facility.
  • Inter-American Development Bank finances upgrade of public roadway lighting systemsJones Day represented the Inter-American Development Bank, the Inter-American Investment Corporation, the Canadian Climate Fund for the Private Sector of the Americas, and the Clean Technology Fund in a financing package of US$18.5 million with Inversiones y Asesorias en Telecomunicaciones e Informatica SpA (Itelecom) to upgrade public roadway lighting systems to high efficiency LED technology in eight municipalities in Chile.
  • Asylum granted to unaccompanied minors from GuatemalaJones Day successfully represented sisters K.C. and K.S., two unaccompanied minors from Guatemala, in obtaining asylum utilizing a novel "Cinderella" theory.
  • OGE Energy and Oklahoma Gas and Electric Company obtain $900 million unsecured revolving credit facilitiesJones Day represented OGE Energy Corp. and Oklahoma Gas and Electric Company in connection with $900 million 5-year unsecured syndicated revolving credit facilities.
  • The Bank of Nova Scotia provides $80 million financing to ENAP for expansion of offshore O&G facilitiesJones Day advised The Bank of Nova Scotia in connection with a US$80 million multi-draw term loan financing to ENAP Sipetrol Argentina S.A., a subsidiary of the Chilean state-owned company Empresa Nacional del Petróleo, a leading vertically integrated oil and gas E&P company in Latin America and the guarantor of the borrower's obligations under the loan facility.
  • Canacol Energy obtains $265 million senior secured credit facilityJones Day advised Canacol Energy Ltd., a vertically integrated, publicly listed, international energy company engaged in the acquisition, development, exploration, and production of crude oil and natural gas, in connection with the $265 million senior secured credit facility provided by a multinational consortium of banks led by Credit Suisse, as lead arranger and administrative agent.
  • Syndicate of lenders provide $607 million financing to subsidiary of First Reserve to acquire Pemex assetsJones Day advised Banco Santander (Mexico) S.A.; Banco Nacional de Obras y Servicios Publicos, S.N.C. (Banobras); Banco Nacional de Mexico S.A., integrante del Grupo Financiero Banamex (Banamex); Natixis, New York Branch; The Bank of Tokyo-Mitsubishi UFJ, Ltd.; and Intesa Sanpaolo S.P.A., New York Branch, as co-lead arrangers, in connection with the $607 million debt financing provided to a wholly-owned subsidiary of First Reserve to acquire from Petroleos Mexicanos (Pemex) an ultra-low sulfur gasoline facility located at the refinery Francisco I. Madero in Ciudad Madero, Tamaulipas Mexico (GUBA).
  • Bank of America finances public-private partnership (PPP) transaction for rehabilitation of I-285 & SR 400 highways near Atlanta, GeorgiaJones Day represented Bank of America, N.A. as bond purchaser and hedge counterparty in connection with the $460 million financing of a public-private partnership (PPP) transaction for the rehabilitation of the I-285 & SR 400 highways near Atlanta, Georgia, through a innovative tax-exempt bank debt structure.
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