Overview

Frank Vivero is a New York attorney and a member of Holland & Knight's Corporate, M&A and Securities Practice Group. Mr. Vivero focuses his practice on a broad range of financial and corporate matters, including in the areas of public and private securities offerings, and corporate governance.

Mr. Vivero has extensive banking, agricultural, retail, technology and telecommunications industry experience. He regularly represents issuers and investment banks in a full range of debt and equity offerings, including investment-grade and high-yield notes, hybrid capital securities, common and preferred stock, and American Depositary Shares (ADSs). Mr. Vivero also represents issuers in restructuring and liability management transactions, including consent solicitation and exchange offers.

Prior to joining Holland & Knight, Mr. Vivero advised businesses and international investment banks in significant transactions throughout the United States, Asia and Latin America for an international law firm.

Experience

  • Represented a multinational investment bank in connection with the restructuring of senior notes issued by Brazil and Argentina energy companies
  • Represented a multinational investment bank on three separate provincial bond offerings from Argentina in 2016
  • Represented Adecoagro, S.A., a large Latin American Agro-industrial company, in its U.S. Securities and Exchange Commission (SEC)-registered secondary offering of 12 million shares at a price to the public of $11.70 per share; this was one of the first equity offerings to come out of Argentina in several years
  • Represented Adecoagro S.A on its initial public offering (IPO) and secondary offerings of its common shares in major underwritten global offerings; the last secondary offering completed in 2016 was recognized as a major offering
  • Represented of Adecoagro, S.A. in its SEC-registered secondary offering of 13.9 million shares at a price to the public of $8 per share
  • Represented a large Latin American retailer in its SEC-registered IPO listed on the New York Stock Exchange (NYSE), High Yield Offerings and Acquisition financing transactions
  • Represented Adecoagro, S.A. in its SEC-registered IPO listed on the NYSE and related reorganization
  • Represented the largest nonforeign-owned bank in Mexico in its first major debt offering of $300 million aggregate principal amount of 4.375 percent Senior Notes due 2015 in a Rule 144A/Regulation S offering
  • Represented a large Mexican furniture and household goods retailer in its first major high-yield debt offering of $200 million aggregate principal amount of 11 percent Senior Guaranteed Notes due 2015 in a Rule 144A/Regulation S offering
  • Represented a major Mexican glass manufacturer in $1 billion high-yield 144A/Regulation S offering of notes; it is the largest Latin American high-yield offering to date, and proceeds of the offering were used to complete the company's restructuring, including a tender offer and consent solicitation of notes
  • Represented the largest bank in the Dominican Republic in its inaugural debt offering of subordinated notes valued at $300 million, of which approximately $123 million was treated as Tier II regulatory capital in a Rule 144A/Regulation S offering
  • Represented the largest nonforeign-owned bank in Mexico in its $600 million 144A/Regulation S offering of Tier I and Tier II capital securities in the international capital markets; the offering was the largest capital securities offering ever by a Mexican bank

  • Handle U.S. securities laws and corporate governance counseling, including compliance with Sarbanes-Oxley Act and general disclosure matters and preparation of press releases and Annual Reports on Form 20-F for major foreign private issuers
  • Represented underwriters led by two global investment banking companies in the $4.6 billion U.S. Securities and Exchange Commission (SEC)-registered initial public offering (IPO) of a leading financial services company conducted as an underwritten secondary offering in which a security systems company sold 100 percent of its interest in its subsidiary; at the time, this offering was the fourth-largest IPO ever and was "Deal of the Year" by Dealers' Digest
  • Represented the largest Japanese telecommunications company in its $11 billion primary and secondary global offering of the largest SEC-registered offering in 2000

Credentials

Education
  • New York University School of Law, J.D.
  • Tulane University, MBA
  • Loyola University New Orleans, B.A.
Bar Admissions/Licenses
  • New Jersey
  • New York
Honors & Awards
  • The Legal 500 Latin America, Capital Markets, 2015; Banking and Finance, 2019
  • Chambers Global – The World's Leading Lawyers for Business guide, Banking and Finance, 2014
  • The Legal 500 USA, Capital Markets, 2010-2011
Spoken Languages
  • Portuguese
  • Spanish

Publications

News