John E. Rogers

John Rogers represents financial institutions and investors on cross-border transactions and dispute settlements involving Mexico and other parts of Latin America.

On behalf of his clients, he prepares and negotiates loan agreements, collateral security documents, bond indentures, joint venture agreements, and other types of financing and investment documents. He resolves disputes arising under complex documentation, and where necessary, he spearheads the enforcement of agreements through out-of-court settlements, cross-border litigation, arbitration, or insolvency proceedings.

John guides clients to solutions based on a mutual understanding of the obligations that are incurred, a goal that is often more complicated to achieve in international matters where differences in language and culture can be obstacles. He is fluent in Spanish as well as English and regularly works with lawyers and clients in Mexico and other parts of Latin America. He adapts contract language to address specific concerns under local law and issues such as those that arise under the US Foreign Corrupt Practices Act. 

Representative Experience

• Infrastructure Finance: Represented international investors in $207 million of bonds issued to finance Mexican toll highways
• Project Finance: Represented U.S. security trustee in connection with four project finance transactions involving Mexican energy projects
• International Secured Loans: Represented U.S. and European banks in loans secured by shares of Mexican companies, accounts receivable and other collateral
• Bankruptcy: Represented U.S. indenture trustee on behalf of holders of $100 million in notes issued by Mexican company which filed for bankruptcy in Mexico. Also assisted trustee for bankrupt U.S. truck line in connection with winding up Mexican subsidiaries? operations, including negotiations with Mexican creditors and joint venture partners
• Cross Border Litigation: Represented U.S. judgment creditors in enforcing judgment against assets in Mexico; assisted in defense of U.S. company against claim by former JV partner; represented U.S. corporate trustee in defending against claims challenging the validity of a $200M securitization transaction
• Trade Finance: Represented U.S. bank lending to Mexican importers of U.S. goods. Obtained loan insurance and guarantees from the Export-Import Bank of the United States
• Private Equity: Represented U.S. investor in Mexican venture-capital company formed as a "SAPI" private equity with Mexican and European partners, to import Danish technology supporting the development of the Mexican market for mortgage-backed securities
• Telecommunications: Represented companies engaged in local telephone, satellite and air-ground telephone operations; represented local telephony provider in negotiating and documenting $22 million in vendor financing.
• Mexican Government Debt: Represented major U.S. bank in connection with restructuring of more than $50 billion of the external debt of Mexican government and its agencies in 1982-1990
• Syndicated Acquisition Financing: Represented European bank in $75 million syndicated bridge financing of acquisition by Mexican investors of majority stake in large Mexican retailer
• Collateralized Restructuring: Represented European lenders in debt restructuring for which innovative collateral arrangement was developed with warehouse receipts covering sugar
• Foreign Investment: Assisted U.S. investors in establishing Mexican limited liability company to be used as vehicle for joint venture and "flow-through" entity for U.S. tax purposes
• Acquisitions: Assisted Mexican chemical company in $500 million acquisition of Latin American plastic pipe producers; and represented European consumer-products company in negotiation of acquisition of $26 million in assets of Mexican company
• Transportation: Represented U.S. vessel owner in structuring and implementing joint venture with Mexican operator to furnish supply vessels under Pemex contract; represented U.S. truck line in structuring and negotiating loan to Mexican truck line; and assisted U.S. helicopter and Canadian submarine providers in structuring Mexican joint ventures for tourism industry
• Credit Bureaus: Represented U.S. credit reporting company in establishing and operating Mexican subsidiary

Not admitted in Mexico