McDonald Hopkins LLCChair, Strategic Advisory and Restructuring

David Andrew Agay

About David Andrew Agay

David Andrew Agay is a lawyer practicing business restructuring, business counseling, commercial finance and 2 other areas of law. David received a B.A. degree from Pomona College in 1994, and has been licensed for 28 years. David practices at McDonald Hopkins LLC in Chicago, IL.

Awards

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Services

Areas of Law

  • Other 5
    • Business restructuring
    • Business counseling
    • Commercial finance
    • Mergers and acquisitions
    • Distressed M&A

Practice Details

  • Payment Information
    Payment & Cost Features
    Fixed hourly rates
    Fixed fees available
  • Firm Information
    Position
    Chair, Strategic Advisory and Restructuring
    Firm Name
    McDonald Hopkins LLC
  • Representative Cases & Transactions
    Cases
    Representative Cases/Matters: Energy: Edison Mission Energy: - Represented Edison Mission Energy (EME) as conflicts counsel in its chapter 11 bankruptcy case
    represented EME subsidiary, Camino Energy, as primary debtor's counsel. EME, through its subsidiaries, owned or leased
    operated a portfolio of more than 40 electric generating facilities powered by coal, natural gas, wind,
    biomass (with aggregate existing project indebtedness of approximately $1.5 billion), as well as an energy marketing
    trading operation.
    Calpine Corporation: - Represented world's largest producer of renewable geothermal energy in its chapter 11 bankruptcy case.
    Manufacturing, Retail,
    Industrial: NetShape Technologies: - Represent manufacturer of powder metal products
    metal injection molding components in its sale to Metal Powder Products LLC.
    Werthan Packaging -: Represent strategic buyer in its stalking horse bid
    acquisition of substantially all the assets of Werthan Packaging out of bankruptcy.
    Country Stone Holdings, Inc.: - Representing Official Committee of Unsecured Creditors in currently pending chapter 11 bankruptcy case of manufacturer, processor,
    packager of lawn
    garden products (such as mulch, soil, fertilizer, plant food, organics, concrete,
    decorative stone).
    Kurz-Kasch: - Represented leading manufacturer of conventional coils
    stators, engineered composite components
    subassemblies, magnetic/electrical/electronic sensing devices,
    high performance solenoids in its out-of-court restructuring.
    Keywell, LLC: - Representing Official Committee of Unsecured Creditors in currently pending chapter 11 bankruptcy case of leading supplier of recycled titanium, high-temperature alloys
    stainless steel in North America.
    MEGA Br
    s Inc.: - Represented Canadian toy manufacturer in its chapter 15 bankruptcy cases
    as U.S. counsel in its recapitalization implemented through a Canadian plan of arrangement.
    Norwood Promotional Products: - Represented Norwood, a leader in the market of customizable corporate merch
    ise, including calendars, writing instruments
    awards, in its chapter 11 bankruptcy cases
    363 sale of the business as a going concern.
    Fortis Plastics: - Represented leading manufacturer of produced thermoplastic injection
    extrusion molded plastic parts for manufacturers in several industries, including home appliance, furniture, automotive, building products, medical devices
    power tools, in its out-of-court restructuring
    wind down.
    Jason, Inc.: - Represented private equity sponsor in the out-of-court recapitalization
    balance-sheet restructuring of a leading international manufacturer of consumer, automotive,
    industrial products.
    Portola Packaging, Inc.: - Led balance-sheet restructuring
    chapter 11 prepackaged bankruptcy cases of leading designer, manufacturer,
    marketer of plastic closures, bottles,
    related equipment.
    Tekni-Plex: - Represented private equity sponsor, in the out-of-court restructuring of Tekni-Plex, a major consumer
    industrial packaging manufacturer.
    Euro-Pro: - Represented household products company in its involuntary bankruptcy proceedings (eventually dismissed)
    out-of-court restructuring.
    TSC Global, LLC: - Represented company involved in the sale, marketing,
    distribution of consumer br
    products, including e-cigarettes, to top retailers, travel centers,
    truck stops, in its out-of-court restructuring, wind down,
    two UCC Article 9 sales.
    Hess Industries, Inc.: - Represented manufacturer of heavy equipment
    metal forming machines in its out-of-court restructuring
    eventual chapter 7 filing.
    Hussey Copper, Ltd.: - Represented strategic stalking horse purchaser in proposed acquisition of leading producer of copper bar.
    Lang Holdings Inc.: - Represented private equity client, as provider of DIP financing
    stalking-horse purchaser of substantially all assets of Lang Holdings, a leading supplier of art
    design driven calendars, back-to-school products, greeting cards, stationary,
    specialty products.
    Propex Inc.: - Represented private equity client as provider of debtor-in-possession financing
    stalking-horse purchaser of substantially all assets of the world's largest producer of geosynthetic, concrete, furnishing,
    industrial fabrics
    fiber.
    Global Home Products: - Represented private equity client in its section 363 purchase of Anchor Hocking from Global Home Products.
    Service Merch
    ise Company, Inc.: - Represented joint venture in purchase of Service Merch
    ise's lease designation rights.
    ASARCO LLC: - Represented bondholder group in negotiating complex global settlement eventually incorporated into confirmed chapter 11 plan,
    in formulating bid for certain assets of ASARCO, a leading U.S. copper producer.
    LyondellBasell Industries: - Represented bondholder group in connection with chapter 11 plan
    related rights offering of LyondellBasell, the third largest independent
    chemical company in the world.: Gaming: Caesars Entertainment: - Represent significant equity stakeholder in the Caesars chapter 11 bankruptcy case.
    Commercial Lender: - Representing commercial lending client in asset based loans to multiple gaming companies.
    Majestic Star Casino: - Represented gaming company
    multi-jurisdictional operator of casino properties in its chapter 11 bankruptcy cases.
    Green Valley Ranch & Aliante Station: - Represented two Station Casino properties in their pre-negotiated chapter 11 cases resulting in the restructuring of almost $1.0 billion in total debt.
    Media, Entertainment,
    Communications: Sun-Times Media Group, Inc.: - Represented publisher, printer,
    distributor of newspapers in greater Chicago metropolitan area, including the Chicago Sun-Times, in its chapter 11 bankruptcy cases
    363 sale of the business as a going concern.
    Musicl
    Holding Corporation: - Represented entertainment retailer in its chapter 11 bankruptcy cases.
    HiT Entertainment PLC: - Represented HiT Entertainment PLC in connection with an out-of-court amendment of the company's secured indebtedness. HiT was the owner of popular children's entertainment properties such as Bob the Builder, Barney, Thomas & Friends, Pingu, Fireman Sam
    Angelina Ballerina.
    Source Interlink Companies: - Represented leading publisher
    wholesaler of magazines
    home entertainment products, including CDs
    DVDs, in its balance-sheet restructuring
    prepackaged chapter 11 bankruptcy cases.
    InPhonic Inc.: - Represented private equity client as provider of debtor-in-possession financing
    stalking-horse purchaser of substantially all the assets of InPhonic, Inc., a leading marketer of wireless telephone
    satellite television services.
    Regent Communications: - Represented private equity client as plan sponsor in pre-arranged chapter 11 bankruptcy cases of Regent Communications,
    its affiliates, owner
    operator of radio stations in mid-sized markets across the United States.
    Transportation: Sea Containers: - Represented the Sea Containers group, a leading London-based marine container leasing company, in its chapter 11 bankruptcy cases
    global restructuring.
    United Air Lines, Inc.: - Assisted in all aspects of United's chapter 11 bankruptcy cases, including aircraft finance, union, retiree,
    employee benefit matters,
    customer loyalty programs.
    Automotive: Automotive Suppliers: - General corporate counsel to multiple second
    third-tier, private-equity backed automotive suppliers
    manufacturers.
    Dura Automotive: - Represented leading independent automotive supplier in its chapter 11 bankruptcy cases.
    Autocam Corporation: - Led the out-of-court balance restructuring of a leading manufacturer of precision components for primarily the automotive
    medical device industries.
    Raybestos PowerTrain LLC: - Represented private equity client in its acquisition of one of the world's largest manufacturers of transmission
    wet-wheel brake friction products, supplying both OEMs
    automotive aftermarket customers.
    Metaldyne Corporation: - Represented a secured lender group in its successful credit bid for substantially all assets of Metaldyne, a leading global manufacturer of highly engineered metal components for the global light vehicle market.
    Healthcare:
    Park Place Christian Community of Elmhurst: - Represent continuing care retirement community in pre-negotiated chapter 11 bankruptcy, which restructured over $150 million in bond debt.

    CCRCs
    Nursing Home -: Represent numerous owners
    operators in federal
    state court receiverships.
    Real Estate, Construction, Leasing,
    Services:
    Construction Firm: - Represent shareholder of Midwest-based contractor focused on industrial projects in out-of-court restructuring
    workout with senior lender.
    Subprime Auto Lender: - Represent subprime auto lender in its out-of-court workout.
    TOUSA, Inc.: - Represented publicly traded homebuilder with substantial operations in Florida, the Mid-Atlantic, Texas,
    the West, doing business under trade names, including Newmark, Engle Homes,
    Trophy Homes, in its out-of-court restructuring
    chapter 11 bankruptcy cases.
    Cambridge Integrated Services Group, Inc.: - Represented assignee in Illinois assignment for the benefit of creditors for national company specializing in risk management, claims services,
    specialty loss cost management.
    Risk Management Alternatives, Inc.: - Represented leading provider of accounts receivable management services in its chapter 11 cases.
    National Equipment Services, Inc.: - Represented national equipment leasing corporation in all aspects of its chapter 11 bankruptcy cases
    restructuring.
    American Business Financial Services, Inc.: - Represented DIP lender to a publicly-traded subprime lender.
    Food
    Restaurant: Bertucci's: - Represent DIP lender
    stalking horse buyer in acquisition of chain of sit-down Italian restaurants.
    Central Grocers, Inc. -: Represent wholesale cooperative
    its subsidiaries, including Strack
    Van Til Super Market, Inc., in their chapter 11 bankruptcy cases.
    Commercial Lender: - Representing commercial lender in asset based loan to retailer of beer, wines
    spirits in connection with ESOP transaction.
    Awrey Bakeries: - Represented Awrey Bakeries, one of the largest privately owned bakeries in the U.S. (producing fresh
    frozen pastries, breads, cakes, donuts, biscuits,
    muffins), in its Article 9 sale as a going concern to Minnie Marie Bakers.
    Mother's Cookies: - Represented strategic acquirer in its purchase of Mother's Cookies from Archway through a 363 bankruptcy sale.
    Fargo, S.A.: - Represented bondholders in filing of involuntary bankruptcy petition against CompaNia de Alimentos Fargo, S.A., an Argentine producer of packaged baked goods.
    Municipalities: City of Detroit: - Representing Syncora Guarantee
    Syncora Capital Assurance in connection with its holdings of certificates of participation of the City of Detroit
    as insurers of certain swap obligations.
    Representative Pro Bono Matters: Represented prisoner in his criminal
    sentencing appeal before the United States Court of Appeals for the Seventh Circuit.
    Represented political asylum applicant in immigration proceedings.

Experience

  • Bar Admission & Memberships
    Admissions
    1998, Illinois
    2013, New York
    Numerous appearances in Bankruptcy Courts across the U.S.
    U.S. District Court for the Northern District of Illinois
    U.S. Court of Appeals for the Seventh Circuit
    1998, Illinois Supreme Court
    Memberships

    Professional Membership

    •American Bankruptcy Institute
    •Turnaround Management Association

  • Education & Certifications
    Law School
    University of Michigan Law School
    Class of 1998
    J.D.
    Other Education
    Pomona College
    Class of 1994
    B.A.

David Andrew Agay

Chair, Strategic Advisory and Restructuring at McDonald Hopkins LLC
Not yet reviewed

300 North LaSalle Street, Suite 1400Chicago, IL 60654U.S.A.

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