Hernández & Cía. Abogados has advised Ambev Perú S.A.C. (Ambev) – the Peruvian leading beer company and member of the worldwide AB InBev Group- in the transfer of its beer-manufacturing and bottling industrial plant in Huachipa (“Huachipa Plant”), to CBC Peruana S.A.C.
Such transaction was implemented through the selling of Ambev’s local subsidiary El Albaicín S.A.C. (sole owner of the Huachipa Plant) to CBC Peruana S.A.C. and was composed by 2 simultaneous operations: (i) a spin-off executed between Ambev and El Albaicín S.A.C., by which the Huachipa Plant was initially transferred from Ambev to El Albaicín S.A.C., including all its relevant and complementary assets, employees and permits; and, (ii) a share purchase agreement by which Ambev transferred to CBC Peruana S.A.C. a total of 100% of the capital stock of El Albaicín S.A.C., for purchase price of US$ 42.5 million.
As part of the transaction structure, parties jointly worked on the negotiation of other important complementary agreements –besides the share purchase agreement-, such as a services and lease agreement, which includes, among others commercial issues, the transitional processes to be implemented in relation to the manufacturing and bottling of beers and other related malt beverages on the Planta Huachipa, in favour of Ambev.