Diego Peralta

Partner

dperalta@carey.cl
+56 2 2928 2216

The main focus of his practice is the creation and structuring of financial products and financing for all kinds of businesses, both from the lender or the borrower’s perspective; in the purchases and sales of companies and in the issuance and placement of debt and equity securities either in Chile or elsewhere.

REPRESENTATIVE EXPERIENCE

  • Export Development Canada and The Bank of Nova Scotia, as lenders, on a total loan for USD150 million granted by each of them to Compañía de Petróleos de Chile COPEC. The unsecured loans were structured in two separate, but substantially identical, New York law Credit Agreements, and documented by means of Chilean promissory notes.
  • Itaú Unibanco in the drafting of a joint-and-several surety granted in Chile by Sonda to guarantee the fulfillment of the obligations of four of its Brazilian subsidiaries, under certain credits granted to it by said bank in Brazil. The advise also included the drafting of a legal opinion regarding the validity and enforceability of said guarantee in accordance with Chileans law.
  • Citi, HSBC, JP Morgan and Merril Lynch in the pricing and purchase of USD500 million of Medium Terms Notes (MTN) issued by Banco Estado at a 2.668% annual rate and due on 2021. This transaction was made under a Banco Estado bond issuance program for up to US$3 billion.
  • International Finance Corporation (IFC) on granting a loan agreement for the financing of subprojects by way of subloans to Banco Itaú Chile for up to USD200 million.
  • BTG Pactual Chile Administradora General de Fondos on behalf of BTG Pactual Deuda Directa Fondo de Inversión on a credit agreement for USD198.8 million granted by Corpbanca and Corpbanca – New York Branch in order to pay part of the purchase price for the obligations that Inversiones Quinchamalí has with BTG Pactual – Cayman Branch
  • International Finance Corporation (IFC) on the execution of a USD30 million Loan Agreement and the issuing of promissory notes under Chilean Law.
  • Banco de Crédito del Perú on two loans of approx. USD15 million each granted to El Bosque Private Investment Fund and Tobalaba Private Investment Fund (both administered by Compass Group Chile General Fund Manager) to refinance the acquisition of shares of Banco Consorcio.
  • CAT Corredores de Seguros y Servicios, subsidiary of Scotiabank Chile, on obtaining authorization from the Superintendency of Banks and Financial Institutions of Chile for its merger with BanParis Corredores de Seguros.
  • Codelco on the amendment and restatement of the Original Credit Agreement for USD250 million granted by The Bank of Tokyo-Mitsubishi UFJ in 2011. The amendment extended the maturity date of the term loan provided for therein to September 30, 2021, and amend the existing promissory note under the Original Credit Agreement.
  • Rabobank Chile, The Bank of Nova Scotia, Banco de Crédito del Perú and Export Development Canada on a credit agreement for USD100 million granted to Masisa with Masisa Forestal acting as subsidiary guarantor.
  • Banco de Chile on relation to the update of a USD3 billion Medium Term Notes program file in the Luxembourg Stock Exchange.
  • IM Trust – Credicorp Capital and JP Morgan Securities on the secondary offering of shares representing the 6% of Cencosud, owned by Paulmann family (controlling shareholder of 59,7%), both in the local market and as ADS in the United States, for USD458 million.
  • BBVA, BNP Paribas, BNY Mellon, Citigroup, Credit Suisse, Daiwa, Deutsche Bank, FTN Financial  and others on the update of an MTN Program by Banco del Estado de Chile through its New York Branch, under Rule 144A/Reg S and registered in the Luxembourg Stock Exchange.
  • Hapag-Lloyd on the financing of USD57,400,000 for the purchase of two vessels, secured by Chilean mortgages over such vessels.
  • Masisa on launching a tender offer for the partial repurchase of its 9.5% senior notes due 2019, issued and placed in the international markets on May, 2014 under Rule 144A and Regulation S of the U.S. Securities and Exchange Commission, for a maximum amount of USD100 million. The aggregate value of the notes issued and placed in 2014 was for USD300 million.
  • The Bank of Nova Scotia and Scotiabank Chile on negotiating a 15-year business alliance with Cencosud, Cencosud Retail and other subsidiaries to develop the consumer credit business in Chile. Additionally, Scotiabank Chile granted a loan for up to USD3 billion to Cencosud.
  • Empresas Juan Yarur on the sale of 40% of the companies belonging to Bci Seguros (Bci Seguros Generales, Bci Seguros Vida, Zenit Seguros Generales and a part of Auxilia Club Asistencia) to Mutua Madrileña Automovilista, Sociedad de Seguros a Prima Fija, for approx. USD228 million (CLP160 billion).
  • HSBC Securities (U.S.) and Scotiabank, as initial purchasers, on the issuance and sale of non registered bonds by Cencosud, under Rule 144A and Reg S for USD650 million at a 5.150% rate, due in 2025 and for USD350 million at a 6.652% rate, due in 2045.
  • Grupo Ezentis on a loan for USD140 million app. (€126 million) granted by the investment bank Highbridge Principal Strategies, acting on behalf of several investment funds.
  • BBVA Group on the sale of its Chilean pension business for USD2 billion to MetLife.
  • ING Group on the sale of its Chilean pension business affiliate for USD3.8 billion to Colombian Grupo de Inversiones Suramericana (Grupo Sura).
  • GNL Quintero, one of the two regasification companies in Chile, on the issue and placement of its first cross border bond under Regulation S, for USD1.1 billion.

AWARDS AND RECOGNITIONS

  • Lawyer of the Year Award in Project Finance and Development, Best Lawyers (2018).
  • Recognized in Banking and Finance; Capital Markets and Corporate and M&A, Chambers Latin America.
  • Recognized in Banking and Finance and in Capital Markets, Latin Lawyer 250.
  • Recognized in Banking and Finance, Legal 500.
  • Recognized in Banking and Finance and in Capital Markets, International Financial Law Review, IFLR.
  • Recognized in Banking and Finance, LACCA.
  • Recognized in Banking and in Capital Markets, Who’s Who Legal.
  • Recognized in Banking and Finance; Capital Markets; Investments; Corporate and M&A; Project Finance and Development Practice and Structured Finance Law, Best Lawyers.

ACTIVITIES AND MEMBERSHIPS

  • Member of the Council, Chilean Bar Association (2017-2021).
  • Member of the Advisory Committee on Capital Markets to the Financing Minister.
  • Member of the New Commerce Codification Commission (2016-2017).
  • Working Group to analyze a new General Banking Law, Chile (2015).
  • Member of the board of InBest, a non-profit organization that seeks to promote Chile as a business capital (since 2009).
  • Member of the Legal Committee, Chilean Banking Association (2000-2007).
  • Member of the Chilean Bar Association.
  • Counsel and member of the Executive Committee, Inter-American Bar Association (IABA).
  • Member of the Arbitration Body of the Center for the Arbitration and Mediation, Santiago Chamber of Commerce.
  • Legal counsel, Citicorp and Citibank, Chile (1985).
  • Law Clerk, Comptroller’s Office, Republic of Chile (1972).

 

SEMINARS

  • Lecturer in “Chile Week” conference, China (2016).
  • Frequent lecturer in conferences organized by the Inter-American Bar Association (IABA), American Bar Association (ABA), PRAC, Federación Latinoamericana de Bancos (FELABAN), among others.


Education

  • Law, Universidad de Chile.

Admissions

  • Chile (1975).

Languages

  • Spanish.
  • English.


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