Marval O’Farrell Mairal and Allende & Brea advised on the amendment to the ESG Facility Agreement in favor of Nordex
Marval O’Farrell Mairal and Allende & Brea advised, as counsels in Argentina, on the amendment to the ESG-Linked Multicurrency Guarantee Facility Agreement (“ESG Facility Agreement”) in favor of Nordex SE (“Nordex”) that primarily modifies the following: (i) increase in the amount of the credit facility by € 171.250.000, for a total current amount of € 1.410.000.000; (ii) extension of the termination date; and (iii) modification of certain covenants and undertakings under the ESG Facility Agreement.
The ESG Facility Agreement was entered into by and among Nordex SE, as borrower, certain Nordex SE subsidiaries (including Nordex Energy Argentina S.A.) as guarantors, BNP Paribas S.A., Niederlassung Deutschland, Commerzbank Aktiengesellschaft, HSBC Trinkaus & Burkhardt AG, Intesa Sanpaolo S.P.A. Frankfurt Branch and Unicredit Bank AG as Mandated Lead Arrangers, Banca IMI S.P.A., London Branch, BNP Paribas S.A. Niederlassung Deutschland, Commerzbank Aktiengesellschaft, HSBC Trinkaus & Burkhardt AG, Unicredit Bank AG as Bookrunners and Commerzbank Finance & Covered Bond S.A. as Agent.
Marval O’Farrell Mairal acted as counsel in Argentina to Nordex and Nordex Energy Argentina S.A., whereas Freshfields Bruckhaus Deringer LLP acted as counsel in Germany. Allende & Brea acted as counsel to the lenders in Argentina, whereas Milbank LLP acted as counsel to the lenders in Germany. Also, other firms took part in the transaction in the different jurisdictions where Nordex SE has subsidiaries that participated in the transaction.
Participating counsels:
Argentina:
Marval O’Farrell Mairall acted as counsel in Argentina to Nordex SE and Nordex Energy Argentina S.A., with a team led by partner Roberto E. Silva, assisted by associates Agustín López Roualdès (currently pursuing an L.L.M in the United States) and Pablo Lapiduz.
Allende & Brea acted as counsel in Argentina to the lenders, with a team led by partners Carlos Melhem and Fernando Martínez Zuviría, assisted by associates Federico Alem (currently pursuing an L.L.M. abroad) and Micaela Boruchowicz.