Artigo citando o escritório publicado no Latin Lawyer on-line em 18.02.201319/02/2013
JBS buys Independência assets
Monday, 18 February 2013 (Yesterday) by Joe Rowley
The New York office of Jones Day and Brazil’s Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados have helped JBS, the world’s largest meat packing company, acquire meat processing facilities previously owned by rival Independência, which filed for bankruptcy protection in 2009.
The assets, which include four beef processing plants, two hide processing facilities and two storage and distribution centres, had been assigned to Independência’s bondholders as part of the company’s reorganisation plan. The bondholders relied upon the Miami office of White & Case LLP and Pinheiro Guimarães – Advogados for counsel, while their fiduciary agent, BNY Mellon Servicos Financeiros Distribuidora de Titulos e Valores Mobiliarios, was advised by the New York office of Emmet, Marvin & Martin, LLP and Brazilian firm Veirano Advogados.
JBS acquired the assets through the transfer of 22.99 million common shares that were being held in treasury to Independência’s shareholders. The transaction was approved by Brazil’s securities regulator on 30 January and is valued at some US$68.6 million.
The deal comes four years after Independência won approval from a Brazilian court for its 3.5 billion reais (US$2 billion) reorganisation plan, for which the company turned to Pinheiro Neto Advogados and Fleury Malheiros, Gasparini, De Cresci e Nogueira de Lima, while Pinheiro Guimarães advised the ad hoc bank lenders committee, Machado, Meyer, Sendacz e Opice Advogados gave counsel to the bondholders and Sergio Bermudes Advogados, Felsberg, Pedretti e Mannrich Advogados, TozziniFreire Advogados and Demarest e Almeida Advogados advised a host of bank lenders.
Counsel to JBS
Partners Marcello Hallake and Lewis Grimm, and associate Rory Hood in New York
Partners Marcelo Sampaio Góes Ricupero, Eduardo Secchi Munhoz, Bruno Werneck and Jean Marcel Arakawa, and associates Ana Luiza César Dias Domene, Victor Gelli Cavalcanti, Joana Nara Lima Pimentel Gomes, Rafael Medeiros Mimica, Carolina Machado Letizio Vieira and Carolina Kiyomi Iwamoto in São Paulo
Counsel to BNY Mellon Serviços Financeiros Distribuidora de Títulos e Valores Mobiliários
Emmet, Marvin & Martin, LLP
Partners Edward Zujkowski and Margery Colloff in New York
Partners Leonardo Morato and Lior Pinsky, and associates Adriana Maria Cruz Dias, Eduardo Wanderley, Matheus Machado and Anna Beatriz Margoni in São Paulo
Counsel to the bondholders
White & Case LLP
Partners John Cunningham and Emilio Alvarez, and associate Kevin McGill in Miami
Partners Eduardo Augusto Mattar and Maria Amélia Mastrocola, and associates Renata Schiffer and Laura Massetto Meyer in São Paulo