Client or Matter Name
Altum Capital CP, S.A.P.I. de C.V., SOFOM, E.N.R. (“Altum Capital”) – outstanding Mexican credit fund.
Deal Description
Counsel to Altum Capital - outstanding Mexican credit fund - in the structured financing granted to PCH Servicios Financieros, S.A.P.I. de C.V., SOFOM, E.N.R. (“PCH Servicios Financieros”) - Mexican company dedicated to lending, leasing and factoring to small and medium-sized enterprises (PyMEs) - for an amount up to MXN$75,000,000.00 (the “Financing”).
Innovation & Additional Comments
As a part of the Financing, it was necessary to implement an administration and source of payment trust - together with a management agreement - to serve as an alternative payment mechanism.
The matter was challenging given that the first disbursement of the Financing took place simultaneously to the execution of the principal documents; therefore, it was necessary to implement all the necessary actions and conditions to achieve such disbursement on time.
Pursuant to the foregoing and for the purposes of the first disbursement, it was necessary to implement an assignment agreement, by means of which certain required collection rights were assigned.
In addition, it was necessary to execute a non-possessory pledge agreement, by means of which the assets subject to the lease agreements, whose collection rights were assigned, were pledged.
Jurisdiction
Mexico
Governing Law
Mexican Federal Law
Deal Value
MXN75,000,000.00 (Seventy-Five Million Pesos 00/100 M.N.).
Deal Duration, Date of Closing / Signing
- Formal negotiations to carry out the Financing (as defined above) began on August 2, 2021.
- Transaction closing: September 9, 2021.
- Financial closing (1st disbursement of the Financing for the amount of MXN$30,000,000.00 (Thirty Million Pesos 00/100 Mexican Currency)): September 9, 2021
Practice Area
- Corporate Finance
Team GC
- Lead Partner: José Ignacio Rivero Andere
- Managing Associate: Jacinto Ávalos Capin
- Associate: Rodrigo Poumian González
- Law clerks: Héctor Ferrari Ruíz y Patricio Galván-Duque Aranaz
Other Firms Involved
- CDG Abogados, as legal counsel to PCH.
- Socio líder: Alejandro Díaz Esteta