Javier Arreola E.

Javier is partner at Nader, Hayaux & Goebel. He specializes in projects, energy and infrastructure, restructuring and insolvency and financing, including cross-border real estate and asset-based lending. He heads NHG’s aviation practice, mainly representing financial institutions.

His practice in projects energy and infrastructure involves procurement, development and financing, where he has advised government agencies, banks, funds and developers across different sectors, with a particular emphasis on renewable energy and natural resources. Javier has also participated in some of the largest restructurings in Mexico and has recently advised local and foreign companies and funds in mergers & acquisition transactions.

Javier is an important member of the restructuring and insolvency practice of the firm and has over 20 years of experience, mainly representing creditors. He is actively involved in asset-based financing and has an outstanding track record representing lenders in large real estate financing; as well as guarantors, lenders and lessors in commercial and corporate aircraft financing and leasing.

Javier is a fellow of the American College of Commercial Finance Lawyers and is an active speaker at national and international forums, as well as the author of several articles in his fields published in Latin Lawyers and The Law Review, among others.
He has been recognized by the main publications of the legal environment for his exceptional ability and experience. Chambers Latin America has cataloged him as a leader in the areas of Aviation, Projects, and Banking and Finance and is recommended by different clients who emphasize “He is a great facilitator with a deep understanding of legal and business issues”. Another of his clients’ states: “He is really impressive; he understands laws from other jurisdictions, and he can compare them with the laws in Mexico.”

Javier obtained his Law degree (graduating with honors) at the Instituto Tecnológico Autonomo de México (ITAM) and obtained a Diploma in Commercial Law (with honors) from Universidad Panamericana. In addition, he studied a LLM at the Northwestern Pritzker School of Law in Chicago (with honors) and received a diploma in Management from J.L. Kellogg School of Management. He also worked as a foreign associate in the Latin America fiancé practice group at Mayer Brown LLP, in New York.

Recent work highlights include:

Aviation

• Advised CMB Financial Leasing in the PDP financing of 4 A320Neo and 3 A321NX aircraft, to be sold to an Irish vehicle of CMBFL and leased to Volaris for USD$730,000,000.
• Advised VINCI Airports in the negotiation and execution of the financing documents for the indirect acquisition of 29.99% stake in Grupo Aeroportuario del Centro Norte (OMA), a Mexican airport concessionaire of 13 airports listed in Mexico with ADSs on the NYSE for USD$1.17 billion.
• Ad Hoc Group of holders of 7.000% senior notes due 2025, in all Mexican aspects related to Aeromexico’s Chapter 11 bankruptcy proceedings, including as Tranche 2 lenders in the USD$1 billion DIP financing.
• Regularly advises Bank of America Merrill Lynch (Global Corporate Aircraft Leasing). Since its first transaction in 2010, Javier has represented them in over 30 corporate aircraft financing transactions in Mexico.
• Advised financial institutions such as SMBC Aviation Capital, Natixis, NTT Finance Corporation, Development Bank of Japan, Credit Agricole Corporate and Investment Bank and Nomura Babcock & Brown, Japan in several financings to Mexican commercial airlines such as Aeromexico and Viva Aerobus under divers financing structures, including Japanese Operating Leases with Call Option (JOLCOs) and sale and lease back financings.

Energy and Project Finance

• Advised Macquarie Asset Management in the acquisition by a Macquarie-led group of Reden Solar from InfraVia Capital Partners and Eurazeo for €2.5 billion, for a 762MW solar power plant operational portfolio and a 15 GW development pipeline, including three operational projects in Mexico.
• Advised Sumitomo Mitsui Banking Corporation in two facilities, including letters of credit, to subsidiaries of OPDEnergy to finance the development of two solar plants in Aguascalientes and Coahuila, Mexico, with CFE Suministrador as energy offtaker, and in a subsequent co-investment of OPDEnergy with Riverstone.
• Advised Citibank, Citibanamex and the institutional “accredited investors” in the financing through secured notes, a term loan and letters of credit for USD$347 million to an affiliate of BlackRock, for the upgrade and expansion of port logistics and coal transportation facilities at the Lázaro Cárdenas Port for the supply of the CFE Petacalco power plant. Considered Infrastructure Finance Deal of the Year 2018 by Bonds & Loans, it was the first-ever placement of a 4(a)(2) project bond in LatAm with several disbursements of the notes during the construction period.
• Advised Fondo Nacional de Infraestructura (FONADIN), and Balam Fund in their co-investment of MXN$1,670 million in the capital stock of Energía Eólica del Sur (EES) together with Mitsubishi, as part of the restructuring and refinancing of a wind farm project in the state of Oaxaca.

Real Estate and Asset-Based Cross Border Lending

• Advised Indorama Ventures in the acquisition of the 49% interest of Indorama Ventures Ecomex and Indorama Ventures Ecomex Services, respectively, to be wholly owned by Indorama Ventures Polymers (through certain entities), unwinding the joint venture.
• Advised Upper90 Capital Management, on a Senior Secured Term Loan, secured by a first priority lien on all assets and shares of Valoreo, Inc and subsidiaries, including equity interest in and assets of Valoreo Mexican subsidiaries for USD $50,000,000.
• Advised Mercado Libre on Mexican legal matters in connection with its inaugural registered debt offering of USD$400 million 2.375% Notes due 2026 and $700 million 3.125% Notes due 2031. The 2.375% Notes due 2026 are guaranteed senior sustainability notes.
• Has advised in cross-border asset based financings, among others, financing institutions such as Deutsche Bank, MUFG Bank, PNC Bank, Capital One, White Oak, Wells Fargo and CIBC Bank.
• Regularly represents MILA – MetLife Real Estate and PGIM Real Estate in large real estate financings in different industries, including hospitality, industrial, retail, office and residential developments across the country.

Workouts and Insolvency

• Advised the bondholders and common representative of GICSA-15, GICSA-17, and GICSA-19 in the bond restructure process.
• Advised the largest group of creditors in the insolvency and workout of AHMSA, Mexico´s largest steel manufacturer that was in suspension of payments for over 15 years.
• In recent years he has participated in the restructuring and workout of Mexican companies in several sectors such as aviation, infrastructure, mining, retail, housing and oil and gas, representing both debtors and creditors (including banks, ECAs, bondholders and funds).