Rafael Mackay

Associate

rmackay@carey.cl
+56 2 2928 2216



His practice focuses on corporate and commercial law, banking law, lending transactions, and project financing, capital markets and foreign investment.


REPRESENTATIVE EXPERIENCE

  • Goldman Sachs, as the sole global coordinator, bookrunner, initial purchaser and commitment provider, on a USD489 million zero coupon senior secured notes issuance due 2028 issued by Chile Electricity PEC SpA under Rule 144A/Regulation S of the United States Securities Act of 1933. The proceeds were used by Chile Electricity PEC SpA to purchase certain receivables from the main energy generation companies in Chile originated under Law No. 21,185, which temporarily stabilized the electricity tariffs.
  • Mainstream Renewable Power Mezzanine Finance DAC, as borrower, and Cóndor Inversiones and Huemul Inversiones, as guarantors, on a loan for up to USD280 million, granted by AMP Capital group and the granting of certain guarantees in favor of Wilmington Trust, National Association, as collateral agent, for the financing, among others, of part of the capital contributions of the borrower, construction costs, funding of accounts and payment of certain expenses, of the wind and solar energy projects that are being developed or will be developed in the future by the subsidiaries of Cóndor Energía, Huemul Energía and Puelche Sur Eólica.
  • OPDEnergy, through its subsidiary OPDEnergy Generación, on the borrower's due diligence process and subsequent financing for approx. USD103 million granted by Sumitomo Mitsui Banking Corporation (senior loan) and Banco Security (VAT loan), for the development and construction of two non-conventional renewable energy (NCRE) projects, consisting of the PV solar plant Sol de Los Andes of 104.3 MWp and La Estrella wind farm of 50 MW, that will serve the 2015/1 Tender PPAs with the electricity distribution companies.
  • Mainstream Renewable Power, and its subsidiaries in Chile, on a project financing for approx. USD620 million granted by Inter-American Investment Corp., CaixaBank, DNB ASA, KfW IPEX-Bank and Mitsubishi UFJ Financial Group and a VAT facility granted by Banco Santander Chile for approx. USD53 million, for the development and construction of Huemul, a five non-conventional renewable energy portfolio. This portfolio is comprised by two wind farms (Ckani and Llanos del Viento) and two solar PV plants (Pampa Tigre and Valle Escondido) located in the north of Chile and one wind farm (Puelche Sur) located in the south of Chile, with a combined capacity of 630 MW. It will partially serve the PPAs awarded to Mainstream in the 2015/01 public tender process to supply 3,366 GWh/year to distribution companies.
  • Mainstream Renewable Power Chile, through its subsidiary Cóndor Energía, on a financing for approx. USD580 million granted by CaixaBank, DNB, KfW IPEX-Bank, Natixis, SMBC and Société Generale for the development and construction of the Cóndor project, composed by four renewable energy projects: Tchamma, Cerro Tigre and Escondido in the north of Chile, and Alena in the south, including the construction of transmission lines, electrical substations and switchyard substations.
  • TSGF, a company owned by Total and SunPower Corporation, on a credit for USD212 million for financing the 190MW DC solar photovoltaic project Santa Isabel and the associated electrical substation, a switchyard substation and interconnection line, located in Antofagasta region, Chile.
  • Codelco, state-owned mine and the world’s largest copper producer, on the issuance of bonds in the international market for USD1,300 million under Rule 144A/Reg S, and on two concurrent bonds tender offers for up to USD1,907 million using the proceeds of the debt offering.
  • Sistema de Transmisión del Sur on the registration of two lines of bonds for up to USD411 million (UF10 million) each, one with a term of 10 years and the other with a term of 30 years; and on the placement of a series of bonds issued under the 30 year line, for approx. USD164 million (UF4 million), which were placed at a rate of 2.68% with a spread of 75 basis points. The demand for the bonds reached approx. USD344 million (approx. UF8.3 million), equivalent to 2.1 times the offer.

ACTIVITIES AND MEMBERSHIPS

  • Teaching Assistant of Civil Law, Universidad Católica de Chile (since 2020).