Represent Coöperatieve Rabobank U.A., New York Branch, as administrative agent, of a US$850 million debtor-in-possession revolving credit facility and in connection with related securitization facilities in the chapter 11 cases of Dean Foods Company (now known as Southern Foods Group, LLC) and its subsidiaries.
Represent the prepetition first lien secured lenders in the current chapter 11 cases of New MACH Gen LLC (now known as Northeast Gas Generation, LLC) and its subsidiaries pending in the U.S. Bankruptcy Court for the District of Delaware.
Represented Joerns Woundco Holdings, Inc. and its affiliates, suppliers and service providers in post-acute care, in negotiating and obtaining post-petition financing for their chapter 11 cases.
Represented the prepetition first lien secured lenders in the 2018 successful prepackaged chapter 11 cases of New MACH Gen, LLC and its subsidiaries, owners and managers of natural gas-fired electric generating facilities, including the restructuring of over US$600 million of debt and the acquisition by an affiliate of the lenders of the equity of one of the subsidiary debtors owning an approximately 1,092 MW natural gas/fuel oil-fired electric generating station, in satisfaction of a portion of the company's outstanding obligations owed to the lenders under their prepetition first lien secured credit facilities.
Represented the DIP administrative agent and DIP arrangers in the chapter 11 cases of SunEdison, Inc. and its affiliates, a global renewable energy company headquartered in the U.S., including in connection with SunEdison's more than US$900 million of new money and roll-up debtor-in-possession financing.
Represented Dynegy Inc., one of the largest generators of electricity in the United States, in connection with its refinancing and restructuring of over US$6 billion of debt and obligations through a chapter 11 plan of reorganization.
Represented Revel AC, Inc., a resort, hotel and casino in Atlantic City, N.J., in connection with obtaining debtor-in-possession financing in its chapter 11 proceeding.
Represented Deutsche Bank, as agent, and a steering committee of senior lenders, in the restructuring in chapter 11 of US$630 million of senior secured indebtedness of, and in connection with providing US$50 million of debtor-in-possession financing to Accuride Corporation.
Represented the Official Unsecured Bank Committee in the jointly-administered chapter 11 proceedings of Reliance Financial Services Corporation and Reliance Group Holdings, Inc., insurance holding companies.
Represented United Pan-Europe Communications N.V., a leading European cable and telecommunications company, as debtor in possession, in a successful cross-border restructuring that was administered simultaneously in the US and the Netherlands.
Represented other secured and unsecured creditors in various other chapter 11 proceedings, including, among others, Lehman Brothers Holdings Inc., Delta Air Lines, Inc., Refco, Worldcom, US Airways, and KB Toys.
Court of Appeals overrules Lower Court "No-Fault" Equitable Subordination Decision, Pratt's Journal of Bankruptcy Law, pp. 522–531, January/February 2006, (co-author with Evan C. Hollander)
Equitable Subordination and Recharacterization: Recent Developments, Audio conference for The Beard Group, January 18, 2007, (co-author with Evan C. Hollander)