Roberto Rios Artigas

[rroh–behr–toh] [rree–oh-s] [ahr-tee-gahs]He/him/hisPartner

“Don’t be satisfied with stories, how things have gone with others.

Unfold your own myth.”

Rūmī

Emailroberto.rios@us.dlapiper.com

Call+52 55 5261 1864

Mexico City

About

Areas of FocusEnergy and Natural Resources Renewables Leveraged Finance and Debt Finance Asset-based Lending Projects and Project Finance

Bar admissionsMexico

EXPERIENCE

XInfra Fibra E’s acquisition of Concesionaria Bicentenario. Advised XInfra Fibra E, from a projects’ perspective, in its acquisition of 90 percent of the capital stock of Concesionaria Bicentenario and 50 percent of Operadora Libramiento de Celaya. Concesionaria Bicenterario holds a concession title for the rehabilitation, operation, preservation and maintenance of a beltway on the outskirts of the city of Celaya, in the State of Guanajuato, México. The transaction required the negotiation and amendment of the long-term project financing documents with Banco del Bajío, the amendment to the project documents, including the Operation and Maintenance Agreement and the Conservation Agreement, as well as the negotiation and authorization of the transaction by the Ministry of Infrastructure, Connectivity and Mobility of the State of Guanajuato.
Restructuring of Ferrocarriles Suburbanos. Roberto advised Banco Nacional de Obras y Servicios Públicos (Banobras) as lender and Banco Nacional de Obras y Servicios Públicos, as Trustee in the Public Trust Number 1936 "Fondo Nacional de Infraestructura" (National Infrastructure Fund - FONADIN), as guarantor, in connection with the restructuring of the project by Ferrocarriles Suburbanos for the provision of the Public Passenger Rail Transport Service in the modality of regular suburban transportation on the Cuautitlán-Buenavista line. The restructuring involved Banobras' acquisition of the participation in the existing syndicated loan by seven European banks; Banco Santander, BBVA, Caixabank, Crédit Agricole, Société Générale, Instituto de Crédito Oficial and Kutxabank.
Solar power project financing in Hermosillo. Representation of SMBC, with respect to the Mexican law-governed documents, in its role as sole lead arranger, lender and administrative agent in the long-term financing for the development, construction, operation and maintenance of a 100 MWac greenfield solar photovoltaic generation project in Hermosillo, State of Sonora, Mexico. The borrower is a joint venture among Canadian Solar, a leading renewables energy company, Korea Electric Power Corporation and Sprott, an equity fund. The financing is supported by a PPA awarded in Mexico's Third Long Term Renewable Energy Auction. This representation was conducted in the midst of a complex regulatory environment in Mexico as result of the administrative orders issued by the Ministry of Energy and the Mexican National Energy Control Centre (CENACE) affecting the Mexican renewable energy market in Mexico. The operation of the power plant will represent a significant impact and commitment to the reduction of CO2 emissions in Mexico.
Solar power project financing in Durango. Represented Banco Nacional de Comercio Exterior and Banco Sabadell as lenders in connection with a US$55 million project financing of a 115.5 megawatts solar project located in the state of Durango, Mexico, including all aspects of due diligence related to the project. The sponsor of the project is EOSOL Energy de México. Roberto also represented Banco Nacional de Comercio Exterior as lender of a VAT facility for US$15 million to finance the VAT associated to the project costs.
Ramones Phase II North and South Natural Gas Transportation System. Represented BlackRock and First Reserve in their acquisition of 45 percent of: (i) TAG Pipelines Sur, a company incorporated as a joint venture between PEMEX and GDF Suez (ENGIE), and (ii) TAG Norte Holding, a company incorporated as a joint venture between Pemex and Sempra's Mexico unit (IEnova). TAG Pipelines Sur is in charge of the Ramones Phase II South Natural Gas Transportation System, a new natural gas pipeline of circa 291.5 km and TAG Norte Holding is in charge of the Ramones Phase II North Natural Gas Transportation System, a new natural gas pipeline of circa 441 km. This was the first major PEMEX-sponsored midstream asset to be built in partnership with foreign capital since the approval of Mexico's historic Constitutional Energy Reform in 2013.
Midstream Project. Represented one of the world's largest commodity trading and logistics companies as user in a petroleum products' midstream project located in Mexico. The mandate included the negotiation of the transportation, storage and dock services agreements as well as the related general terms and conditions.
State of Puebla Toll Roads Project. Represented the Government of the State of Puebla in the awarding of a 30-year concession title for the operation, exploitation and maintenance of three toll roads located in Puebla.
Red de Carreteras de Occidente (RCO). Advisor to Red de Carreteras de Occidente, and its shareholder Goldman Sachs & Co., in the acquisition of two federal highways in Mexico: Irapuato-La Piedad and Querétaro-Irapuato. The transaction Involved the renegotiation of the credit facilities with the lenders and the negotiation of the amendments to the long-term services agreements (Contrato de Prestación de Servicios a Largo Plazo) (PPS) with the Federal Ministry of Communication and Transport.
Mexico City's Metrobus Line 7. Led work for these entities in obtaining a US$50 million loan. The concessionaires used the credit line to pay 85 percent of the cost of the buses needed for Metrobus Line 7. Metrobus Line 7 is the continuation of a series of roadways dedicated to buses in Mexico City, called Metrobus. The special bus network was first rolled out in 2005. Once complete, Line 7 will be served by 85 buses, which will stop at 31 stations along a 15-kilometer stretch of road, connecting the metro station of Indios Verdes to the Paseo de la Reforma.
Atotonilco Wastewater Treatment Plant. Participates as legal advisor to lmpulsora del Desarrollo y el Empleo en America Latina (IDEAL), as leader of the consortium formed by Controladora de Operaciones de lnfraestructura (CONOISA), Atlatec, Acciona Agua, Desarrollo y Construcciones Urbanas, and Green Gas-Pioneer Crossing Energy, in the project financing of Aguas Tratadas del Valle de Mexico, an entity incorporated as a special purpose vehicle for the construction of a wastewater treatment plant, PTAR Atotonilco, to be located in the valley of Tula, Hidalgo. The PTAR Atotonilco project was the largest wastewater treatment plant project in Latin America and the third largest water treatment plant in the world.
El Realito Aqueduct. Participated as legal advisor to Controladora de Operaciones de lnfraestructura (CONOISA) as leader of the consortium formed by Aqualia lnfraestructuras, Aqualia Gestion Integral, and Servicios de Agua de Trident, in the project financing of Aquos el Realito, an entity incorporated as a special purpose vehicle for the construction and operation of "El Realito Aqueduct" in the state of San Luis Potosi.
Los Remedios – Ecatepec Highway. Participó como asesor legal de Viabilis lnfraestructura, a special purpose vehicle formed by Controladora de Operaciones de lnfraestructura (CONOISA) in a project financing for the construction and operation of Los Remedios-Ecatepec Highway in the State of Mexico and Mexico City.
IDB Invest financing to Hifin Solution. Represented IDB Invest in a USD$20 million financing to Hifin Solution, S.A. de C.V., the financial arm of the company Hitec Global Holding Limited ("Hi-Tee Group"), to finance the acquisition of high-precision machines among micro, small and medium-sized companies in Mexico. Hi-Tee Group is the leading distributor in Mexico of high-precision, computer numerical control machinery used to improve manufacturing processes.
KCSM’s Financing. Participated as legal advisor to Kansas City Southern de Mexico, in a certain credit agreement with various financial institutions headed by The Bank of Nova Scotia and Banc of America Securities LLC, as joint lead arrangers and joint bookrunners, secured with locomotives, cars and rolling stock.
Comex’s Restructuring. Advised Consorcio Comex’s, a leading Mexican paint manufacturer, with its collateralized debt restructuring for approximately US$480 million with six Mexican banks (BBVA Bancomer, Banco Nacional de Mexico, HSBC Mexico Scotiabank lnverlat, Santander Mexicano and Banco Multiva). Loan proceeds were used to pay existing debt and for working capital purposes.

Languages

Education

New York University School of Law, LL.M., 2008, Deans Graduate Award
New York University Leonard N. Stern School of Business, Advanced Certificate in Law and Business, 2008, Vogelstein Scholarship
Escuela Libre de Derecho, Graduate Degree in Commercial Law, 2006
Universidad Panamericana, Law Degree, 2005, summa cum laude

Awards

The Legal 500, Next Generation Partner, Projects, 2022

Best Lawyers

, Energy Law, Project Finance and Development Practice, 2022

Pro Bono

Through Appleseed Mexico, Roberto recently helped a community in Oaxaca to assess a practical mechanism to provide credit and create a savings structure for the participating members of the community.

Publications

Mexican Energy Regulatory Commission imposes sanction of more than US$450 million; Mexico’s Supreme Court issues precedent disfavorable to permit holders, June 28, 2022.
Mexican Congress rejects electricity constitutional reform and approves bill to regulate lithium, April 20, 2022.
Mexican Supreme Court dismisses Unconstitutionality Action against Electricity Industry Law reform, April 8, 2022.

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