Tomer Pinkusiewicz is a partner in the New York office of Gibson, Dunn & Crutcher. Mr. Pinkusiewicz is Co-Chair of both Gibson Dunn’s Latin America and Projects and Infrastructure Practice Groups, and a member of the Capital Markets Practice Group. His practice focuses on the procurement, development, financing and acquisition/disposition of infrastructure-related assets and companies, with substantial experience in Latin America-related transactions, project bonds and infrastructure financings. Mr. Pinkusiewicz has substantial experience in representing infrastructure funds, asset-mangers, industrial participants and private-equity platforms in respect of investments and divestments in the infrastructure sector, with extensive experience and focus on complicated joint-venture arrangements and debt financing arrangements in respect of such assets.
Mr. Pinkusiewicz is ranked by Chambers Global: The World’s Leading Lawyers for Business and Chambers USA: America’s Leading Lawyers for Business as a leading Public Private Partnerships and Projects practitioner, describing him as “unparalleled in the PPP space,” “client-oriented and commercially savvy,” “a force within the industry,” “one of the best in the market,” “very smart, thoughtful and solutions-oriented,” and saying that he “provides sound and trusted professional legal advice, is a creative thinker and is able to navigate through tough negotiations while protecting his client’s interest.” In the area of Project Finance, Mr. Pinkusiewicz has been recognized as a Law360 “MVP,” an “Expert” and “Global Elite Thought Leader” by Who’s Who Legal and as a leading attorney by IFLR1000. In addition, he is recommended by Best Lawyers in Brazil for Project Finance and Development and The Legal 500 Latin America in the areas of Banking & Finance and Capital Markets.
Prior to joining Gibson Dunn, Mr. Pinkusiewicz was a partner with White & Case. He graduated magna cum laude from the Boston University School of Law in 1998 and graduated summa cum laude from the University of Texas at Austin in 1995. He is fluent in Spanish and Hebrew.
Recent Transactions:*
- AMP Capital Investors: Representation of AMP Capital Investors (UK) Limited, Midwest Fiber Holdings LP, and subsidiaries in the refinancing of senior debt including (i) a $220,000,000 parent company credit facility under a Credit and Guaranty Agreement, and (ii) a $709,500,000 operating company credit facility under a Credit and Guaranty Agreement.
- Goldman, Sachs & Company: Counsel to GS Infrastructure Partners II, an investment fund managed by the Merchant Banking Division of The Goldman Sachs Group, on the sale of its interest held in Autopistas Metropolitanas de Puerto Rico to Ullico Inc.
- Macquarie Infrastructure and Real Assets: Representation of Macquarie Infrastructure in its $1.78 billion acquisition of Long Beach Container Terminal from Orient Overseas Container Line as part of a National Security Agreement relating to Cosco’s acquisition of Orient Overseas International Limited.
- Deutsche Bank AG: Representation of Deutsche Bank AG, London Branch, as initial lender and sole book-runner and lead arranger in connection with a term loan facility in the aggregate principal amount of $300 million to Telecom Argentina S.A., an Argentine company.
- CVI Investment Holdings: Representation of CVI Investment Holdings Limited as lender in connection with a senior secured bridge loan facility in the aggregate principal amount of $63.4 million to Supercanal, S.A., an Argentine company in the business of providing cable service.
- Deutsche Bank AG, JPMorgan Chase Bank and Nomura Securities: Representation of Deutsche Bank, JPMorgan and Nomura as lenders’ counsel in respect of amendments to a loan facility to Desarrolladora Energetica S.A., an electricity transmission company in Argentina. This follows on from earlier representation of Deutsche Bank and JPMorgan as lenders on the $475 million credit facility to Desarrolladora Energetica and Empresa Inversora Energetica S.A, Desarrolladora Energetica’s holding company.
- Grupo Financiero Galicia S.A.: Representation of Grupo Financiero Galicia, a financial services holding company, in connection with its $632.5 million offering of Class B Ordinary Shares.
- Goldman, Sachs & Company: Representation of Goldman Sachs fund, West Street Infrastructure Partners III, in its $138 million acquisition of a 50% stake in Compania de Puertos Asociados, a port operator, from Grupo Argos, an infrastructure investment company.
- Macquarie Infrastructure and Real Assets: Representation of Macquarie Infrastructure in the $445 million sale of its remaining 50% stake in Virginia’s Dulles Greenway turnpike to Macquarie Atlas Roads Group.
- Deutsche Bank Securities, Credicorp Capital, Citigroup, Morgan Stanley, Scotiabank and Interbank: Representation of Deutsche Bank Securities, Credicorp Capital, Citigroup, Morgan Stanley and Scotiabank as initial purchasers and Interbank as co-manager in connection with the issuance of US$550 million Senior Notes by Orazul Energy Egenor S. en C. por A.
- Tarjeta Naranja S.A.: Representation of Tarjeta Naranja S.A., one of the largest credit card companies in Argentina, in connection with the issuance of US$250 million Floating Rate Peso-linked notes due 2022.
- I-66 Express Mobility Partners LLC: Representation of I-66 Express Mobility Partners LLC in connection with its bid for the concession awarded by the Virginia Department of Transportation to develop, design, construct, finance, operate and maintain express lanes and associated facilities and services along the I-66 corridor in Virginia. The transaction included the issuance of $737 million senior lien private activity bonds by the Virginia Small Business Financing Authority and a $1.25 billion subordinated TIFIA loan from the U.S. Department of Transportation.
- Deutsche Bank AG, Banco de Credito del Peru, The Bank of Novia Scotia and Banco Internacional del Peru S.A.A.: Representation of Deutsche Bank AG, Banco de Credito del Peru, The Bank of Novia Scotia and Banco Internacional del Peru S.A.A. as lenders in connection with a $450 million senior secured credit facility to Orazul Energia Partners S.A.C. to finance its purchase of all of the business of Duke Energy International Group S.a r.l. in Peru.
- Cintra Developments LLC and Macquarie Infrastructure and Real Assets Inc.: Representation of the shareholders of Skyway Concession Company LLC, the concessionaire and operator of the Chicago Skyway bridge toll facility, in the sale of the equity interests of the concessionaire to CPPIB, OMERS and OTPP.
- Macquarie Infrastructure and Real Assets: Representation of Macquarie in the acquisition of Maher Terminals USA, a 454-acre multi-user container terminal in Port Elizabeth, New Jersey from Deutsche Bank, and in related senior credit facilities to finance, in part, the acquisition.
- Banco de Galicia y Buenos Aires S.A: Representation of Banco de Galicia y Buenos Aires in connection with a Rule 144A/Regulation S offering of US$250 million of Subordinated Resettable Notes.
- I-77 Mobility Partners LLC: Representation of I-77 Mobility Partners LLC in connection with its bid and financing of the I-77 Hot Lanes Project in North Carolina. The transaction included the issuance of $100 million private activity bonds and a $189 million loan from the United States Department of Transportation.
- Caesars Entertainment Operating Company: Representation of Caesars Entertainment Operating Company in connection with the sale of Baluma S.A., the Caesars subsidiary which owns and operates the Conrad Punta Del Este Resort and Casino in Punta Del Este, Uruguay to Enjoy S.A., a casino resort operator in Chile.
- NYNJ Link: Representation of NYNJ Link, a joint venture between MIP III GB AIV, L.P., a fund managed by Macquarie Infrastructure and Real Assets Inc., and Kiewit Development Company, in connection with its successful bid for the 35-year concession awarded by the Port Authority of New York and New Jersey to design, construct, operate and maintain a replacement Goethals Bridge connecting Staten Island, New York with Elizabeth, New Jersey and demolish the existing Goethals Bridge, and in connection with the issuance of $460.9 million in tax-exempt private activity bonds and a $474 million loan facility with the U.S. Department of Transportation.
- NTE Mobility Partners Segments 3 LLC: Representation of NTE Mobility Partners Segments 3 LLC in connection with the concession to design and construct Segment 3A and operate, maintain and collect tolls from Segments 3A and 3B of the North Tarrant County Express Managed Lanes Facility in Texas, and in connection with the issuance of $274 million private activity bonds by the Texas Private Activity Bond Surface Transportation Corporation and with a loan of $531 million from the United States Department of Transportation for the financing of such project.
- US 460 Mobility Partners, LLC: Representation of US 460 Mobility Partners, a joint venture indirectly owned by Ferrovial Agromán S.A. and American Infrastructure, Inc., in connection with its negotiation of project documents related to and its bid to be the design build contractor for the U.S. Route 460 Corridor Improvements Project in Virginia and in connection with the US$293 million municipal bond offering by the Route 460 Funding Corporation of Virginia for the financing of such project.
- Seller: Representing the seller in the disposition of a large infrastructure asset.
- Sponsors: Representation of the winning bidder in connection with the Great Hall Project at Denver International Airport in Colorado.
- Sponsors: Representation of a bidding team in connection with the I-70 East Project in Colorado.
- Sponsors: Representation of the winning bidder in connection with the financing of the I-285 project in Georgia.
- Deutsche Bank AG: Representation of Deutsche Bank AG in connection with a US$286 million note offering issued by Cablevisiόn, S.A., a cable television and broadband systems provider in Argentina.
- Banco de Galicia y Buenos Aires S.A: Representation of Banco de Galicia y Buenos Aires in connection with the issuance of US$300 million Senior Notes due 2018.
- Deutsche Bank: Representation of Deutsche Bank in respect of various bank financing transactions in Mexico, Chile, and Colombia.
- Citigroup Global Markets, Inc.: Representation of Citigroup Global Markets, Inc. in connection with its US$300 million Senior Secured Credit Facility to Puma Energy Centam, a petroleum wholesaler engaged in downstream oil and gas activities in Central America.
- Cintra Developments LLC: Representation of Cintra Developments in connection with the bid for the construction and financing of the SH 183 Toll Road Project in Texas.
- Cintra Developments LLC: Representation of Cintra Developments in connection with the bid for the construction and financing of the SH 288 Toll Road Project in Texas.
- Cintra Developments LLC: Representation of Cintra Developments in connection with the bid process to become the developer of the Portsmouth Bridge replacement project in Ohio.
- Cintra Developments LLC: Representation of Cintra Developments in connection with the bid for the construction and financing of the Illinois Portion of the Illiana Corridor Project.
- Cintra Developments LLC: Representation of Cintra Developments in connection with the bid for the construction and financing of the Indiana Portion of the Illiana Corridor Project.
- Consortium: Representation of a consortium in connection with the bid process to become the developer of the Rapid Bridge Replacement Project in Pennsylvania.
- Underwriters: Representation of five underwriters in connection with the US$300 million bond financing of the Mexican Wind Farms, Oaxaca II and Oaxaca IV. Named Project Finance Magazine’s 2012 Latin American Project Bond Deal of the Year.
- Red de Carreteras de Occidente, S.A.B. de C.V.: Representation of Red de Carreteras de Occidente, one of Mexico’s largest private highway concessionaires, in connection with a MXN$7.1 billion loan agreement with Banco Nacional de Obras y Servicios Públicos, Sociedad Nacional de Crédito, Institución de Banca de Desarrollo, as lender and administrative agent, and the extension of certain loan maturities under one of its other credit facilities.
- Autopistas Metropolitanas de Puerto Rico, LLC: Representation of Autopistas Metropolitanas de Puerto Rico, Puerto Rico’s largest private toll road concessionaire, in the refinancing of US$750 million of outstanding senior debt through a Rule 144A/Reg S offering of US$435 million in Senior Secured Notes.
- Red de Carreteras de Occidente, S.A.B. de C.V.: Representation of Red de Carreteras de Occidente, one of Mexico’s largest private highway concessionaires, in its Rule 144A/Regulation S offering of MXN$7.5 billion in Senior Secured Notes.
- Red de Carreteras de Occidente, S.A.P.I.B. de C.V.: Representation of Red de Carreteras de Occidente, a subsidiary of Goldman Sachs and ICA, in connection with the refinancing of its senior debt which included a MXN$8.13 billion issuance of Certificados Bursátiles which are listed on the Mexican stock exchange and the closing of a MXN$500 million term loan facility; Red de Carreteras de Occidente, S.A.P.I.B. de C.V. owns the concession to build, operate and maintain the Maravatio-Zapotlanejo and Guadalajara-Aguascalientes-Léon highways in Mexico.
- Cintra Infraestructuras, S.A. and Meridiam Infrastructure: Representation of Cintra Infraestructuras and Meridiam Infrastructure in connection with the private activity bond and TIFIA financing of the LBJ Managed Lanes Project in Texas.
- Cintra Infraestructuras, S.A. and Meridiam Infrastructure: Representation of Cintra Infraestructuras and Meridiam Infrastructure in connection with the bid for the West by Northwest Managed Lanes Project in Georgia.
- Consortium: Representation of a consortium in connection with its bid for the US 36 Managed Lanes Project in Colorado.
- Consortium: Representation of a consortium in connection with its bid for the I-4 Project in Florida.
- Macquarie and JP Morgan: Representation of Macquarie and JP Morgan in connection with the bid process for the privatization of the Chicago Midway International Airport in Illinois.
- ICA: Representation of ICA in respect of its financings for the Corredor del Sur toll road project in Panama.
- Odebrecht: Representation of Odebrecht in respect of the financing for the Autopista del Coral toll road project.
- Goldman Sachs and ICA: Representation of Goldman Sachs and ICA consortium in respect of the US$4.4 billion bid and financing of a package of four toll road assets in Mexico.
- Consortium: Representation of a consortium in connection with a bid for the privatization of the Luis Munoz Marin International Airport in Puerto Rico.
- Cintra Concesiones de Infraestructuras de Transporte and JP Morgan: Representation of Cintra Concesiones de Infraestructuras de Transporte and the JP Morgan consortium in respect of the financing for the SH 121 Toll Road in Texas.
- Cintra Concesiones de Infraestructuras de Transporte, S.A. and the Macquarie Infrastructure Group: Representation of the Cintra Concesiones de Infraestructuras de Transporte and the Macquarie Infrastructure Group consortium in respect of the bid process and the approximately US$4 billion financing for the Indiana Toll Road.
- Macquarie: Representation of Macquarie in respect of the financing for the Port Mann Bridge project in Vancouver, Canada.
- Monoline insurer: Representation of a monoline insurer in connection with the financing for the Miami Tunnel project.
- Cintra Concesiones de Infraestructuras de Transporte de Chile Limitada: Representation of Cintra Concesiones de Infraestructuras de Transporte in connection with the purchase of Sociedad Concesionaria Autopista del Bosque S.A., a Chilean toll road operator, and the issuance by the newly acquired company of guaranteed bonds in Chile.
- Cintra Concesiones de Infraestructuras de Transporte, S.A.: Representation of Cintra Concesiones de Infraestructuras de Transporte and other sponsors in respect of the bid for the Chicago Downtown Metered Parking System, the Pennsylvania Turnpike and Alligator Alley in Florida.
- Citigroup and JPMorgan: Representation of Citigroup and JPMorgan in connection with a US$250 million guaranteed note offering issued by Pan American Energy LLC, Argentine Branch, a company engaged in the exploration, development and production of oil and gas.
- Consortium: Representation of the sponsors in respect of the bid for the Harrisburg Parking System in Pennsylvania.
- Skyway Concession Company LLC: Representation of Skyway Concession, the concessionaire and operator of the Chicago Skyway Toll Bridge System in Chicago, Illinois, in connection with a US$1.4 billion Senior Secured Note offering, guaranteed by Financial Security Assurance Inc.
- Talca Chillán Sociedad Concesionaria: Representation of Talca Chillán Sociedad Concesionaria, a Chilean toll road concessionaire, in connection with a UF5.65 million bond offering in Chile and a UF2.1 million credit facility.
- International Finance Corporation and the Inter-American Development Bank: Representation of the International Finance Corporation and the Inter-American Development Bank in connection with two secured loan facilities made to Norvial S.A., a Peruvian toll road concessionaire.
- Ruta de la Araucania Sociedad Concesionaria S.A.: Representation of Ruta de la Araucania Sociedad Concesionaria, a Chilean toll road concessionaire, in connection with a credit facility, guaranteed by XL Insurance Ltd.
- UBS: Representation of UBS in connection with the initial public offering of Ituran Location and Control Ltd., a provider of location-based services and wireless communication products.
- Autopista del Maipo Sociedad Concesionaria S.A.: Representation of Autopista del Maipo Sociedad Concesionaria, a Chilean toll road concessionaire, in connection with a Rule 144A/Regulation S bond issuance and a foreign currency hedge agreement, each guaranteed by MBIA Insurance Corporation.
- Banco de Galicia y Buenos Aires S.A.: Representation of Banco de Galicia y Buenos Aires, including its New York Branch, in connection with the restructuring of its external dollar-denominated indebtedness, which was in the form of both a bank financing and a bond financing.
- Grupo Financiero Galicia S.A.: Representation of Grupo Financiero Galicia, a financial services holding company, in connection with its initial public offering in the United States.
- Deutsche Bank Securities: Representation of Deutsche Bank Securities in connection with a US$100 million guaranteed note offering issued by Pan American Energy LLC, Argentine Branch, a company engaged in the exploration, development and production of oil and gas.
- Tarjeta Naranja S.A.: Representation of Tarjeta Naranja, one of the largest credit card issuers in Argentina, in connection with a US$200 million bond issuance.
- Tarjeta Naranja S.A.: Representation of Tarjeta Naranja, an Argentine credit card company, in connection with a Regulation S bond offering.
- Tarjetas Cuyanas S.A.: Representation of Tarjetas Cuyanas, an Argentine credit card company, in connection with a Regulation S bond offering.
*Some of these representations occurred prior to Mr. Pinkusiewicz’s association with Gibson Dunn.