Cases
Experience: Representative Transactions: Represented non-bank asset based lender client in documenting 100+ loans (between $5MM
$40MM), engaging in workout/ distress sales with respect to dozens of such loans, while incurring de minimis losses.
Assisted bank
non-bank asset based lender clients in running numerous Article 9 private sales.
Assisted bank
non-bank asset based lender clients in conducting numerous distressed note sales.
Assisted bank
non-bank asset based lender clients in negotiating
documenting numerous cash collateral
DIP financing transactions.
Assisted bank in obtaining the appointment of a federal receiver over an operating company borrower (the receiver then filed a voluntary bankruptcy petition to facilitate a 363 sale)
obtaining a waiver of turnover to permit receiver to remain in place throughout the sale process.
Assisted CMBS special servicer in negotiating 9019 settlement agreement that provided for relief from stay
also provided for the appointment of a Chapter 11 Trustee to oversee a consensual plan sale process to preserve certain favorable tax attributes of the borrower.
Negotiated favorable debt restructuring
intercreditor agreement on behalf of one of three secured creditors in consolidated bankruptcy cases of multiple related car wash operators
assisted in sale of restructured notes.
Assisted bank in connection with: (1) voluntary sale process initiated by borrower following extensive workout negotiations, (2) responding to involuntary bankruptcy proceeding initiated by the holder of second lien debt, including consent to gap period cash collateral use
a gap period DIP financing facility to support the sale process,
(3) conversion of the case to a voluntary Chapter 11 following selection of a stalking horse bidder
(4) a successful 363 sale process.
Represented indenture trustees in connection with bankruptcies/restructurings of various levels of corporate notes
debentures, including being a member of official unsecured creditors committees, with representative cases including: American Airlines
Idearc, Inc.
Eurofresh Inc.
Pierre Foods, Inc.
Lehman Brothers Holdings Inc.
Northwest Airlines
Adelphia Communications
Transactions
Representative Transactions:; Represented non-bank asset based lender in documenting 100+ loans (between 2MM and 10MM), engaging in workout/ distress sales with respect to over a dozen of such loans, while incurring de minimis losses.; Assisted bank in running a process for the commercially reasonable Article 9 private sale of an operating company, determining highest bid to be from an affiliate of existing equity owner, and engaging in private sale to affiliate with the consent of an assignee for the benefit of creditors.; Assisted bank in obtaining the appointment of a federal receiver over an operating company borrower (the receiver then filed a voluntary bankruptcy petition to facilitate a 363 sale) and obtaining a waiver of turnover to permit receiver to remain in place throughout the sale process.; Assisted CMBS special servicer in negotiating 9019 settlement agreement that provided for relief from stay and also provided for the appointment of a Chapter 11 Trustee to oversee a consensual plan sale process to preserve certain favorable tax attributes of the borrower.; Negotiated favorable debt restructuring and intercreditor agreement on behalf of one of three secured creditors in consolidated bankruptcy cases of multiple related car wash operators and assisted in sale of restructured notes.; Assisted bank in connection with: (1) voluntary sale process initiated by borrower following extensive workout negotiations, (2) responding to involuntary bankruptcy proceeding initiated by the holder of second lien debt, including consent to gap period cash collateral use and a gap period DIP financing facility to support the sale process, and (3) conversion of the case to a voluntary Chapter 11 following selection of a stalking horse bidder and (4) a successful 363 sale process.; Represented indenture trustees in connection with bankruptcies/restructurings of various levels of corporate notes and debentures, including being a member of official unsecured creditors committees, with representative cases including:; American Airlines; Idearc, Inc.; Eurofresh Inc.; Pierre Foods, Inc.; Lehman Brothers Holdings Inc.; Northwest Airlines; Adelphia Communications
