Javier Garibay is an associate in Mayer Brown's Mexico City office and a member of the Banking & Finance practice. Javier joined Mayer Brown in May 2018, where he is active in mergers and acquisitions (M&A) and general corporate matters. Javier has represented Mexican and non-Mexican purchasers and sellers in stock and assets acquisitions and joint ventures. His experience includes complex M&A deals involving Mexican and non-Mexican parties, as well as corporate governance compliance, both for public and private companies.
Javier also has experience in handling disputes among shareholders, companies and senior executives. His experience in this field includes bankruptcy and insolvency matters, in which he has represented major creditors, debtors, strategic and financial investors, as well as some governmental entities.
Javier has also worked on a pro bono basis for several non-profit organizations.
- Representation of Vente-Privee for the sale of Privalia Mexico to Grupo Axo. Representation of Vente-Privee for the sale of 100% equity interest in its Mexican subsidiary Privalia Venta Directa, S.A. de C.V. and its subsidiaries that own and operate the business through the platform known as “Privalia” in Mexico.
- Representation of Cargill Financial Services International on a US$575 million financing package it provided to Altos Hornos de México (AHMSA), one of the largest steelmakers in Mexico. The financing consisted of an advance on accounts receivable and a revolver, which was used to pay off existing creditors.
- $4,675 million pesos sale of the equity participation in CAMSA. Representation of Cointer Concesiones México S.A. de C.V. and Sociedad Michoacana de Constructores, S.A.P.I. de C.V. on the sale of their joint participation in the capital stock of Concesionaria de Autopistas de Michoacán S.A. de C.V. to Fibra Vía, an energy and infrastructure investment trust, controlled by Promotora y Operadora de Infraestructura.
- US$30 Million Loan for Internacional de Cerámica, 2018. Representation of The Bank of Nova Scotia as lender and lead arranger in a US$30 million loan facility granted to Internacional de Cerámica, S.A.B. de C.V. (BMV: CERAMICB), a wall and floor tiles Mexican company, guaranteed by borrower’s subsidiaries, guaranteed by some of Interceramic's subsidiaries. The proceeds of the loan were used for the refinancing of existing indebtedness and for general corporate purposes.
- Grupo Financiero Banorte US$1.4 Billion Merger with Grupo Financiero Interacciones, 2017. Representation of Grupo Financiero Banorte in reaching an agreement to acquire, through merger, Grupo Financiero Interacciones. The acquisition included the banking, broker-dealer, insurance and asset manager subsidiaries of Grupo Financiero Interacciones. The merger is valued at circa US$1.4 billion. Grupo Financiero Banorte has become the second-largest banking financial group in Mexico, and the country's largest infrastructure lender.
- Altán—Red Compartida, 2016 Representation of Altán Consortium on its US$7 billion winning bid to build and operate a mobile 4G network, which will be one of the largest Mexican telecom infrastructure projects during President Peña Nieto’s administration. The Red Compartida network is set to cover more than 92 percent of Mexico’s population, exceeding the 85 percent minimum coverage outlined in the auction, and will become operative for part of the population in early 2018.
- Sale of Four Sugar Mills by the Asset Administration and Sale Agency (SAE), 2015. Representation of the Asset Administration and Sale Agency (Servicio de Administración y Enajenación de Bienes or SAE) in the design and implementation of the procurement process for the sale of nine sugar mills that together represented 22.2% of the Mexican sugar production market. The deal is considered one of the most important commercial transactions in SAE's history.
- Sale by Nestlé México of its Ice Cream Business in Mexico, 2015. Representation of Nestlé México in the MXN $1.1 billion (USD $80 million) sale of its ice cream business in Mexico to Grupo Herdez, a publicly traded company in the Mexican Stock Exchange and one of Mexico’s food manufacturing and distribution leaders. The transaction was subject to antitrust approval by the Mexican Economic Competition Commission.
- US$70 Million CKD Investment in Mexican Gas Pipeline Project, 2015. Representation of BlackRock Inc. in structuring and setting up an investment vehicle funded with US$70 million contributed by the Mexican trust issuer of notes denominated certificados de capital de desarrollo (CKDs) managed by I Cuadrada, an entity recently acquired by BlackRock.
- Panasonic US$1.545 Billion Acquisition of Stake in Hussmann, 2015. Representation of Panasonic Corporation in the US$1.545 billion acquisition of a stake in Hussmann Corporation, a Missouri-based manufacturer of refrigerated display cases and systems, from Clayton, Dubilier and Rice LLC, representative company of Hussmann Parent Inc.’s shareholders.
Dissertation: Proposals to modernize the stock corporation in Mexico.
Dissertation: Can a rule permitting anticipatory warfare be justified?
- Recipient of the Chevening Scholarship, the UK government’s international awards scheme aimed at developing global leaders since 1983.
- Recipient of the Scholarship for Academic Excellence at Universidad Panamericana.