Representative Experience

• Represents an indenture trustee of more than $600 million in unsecured notes in a cross-border insolvency proceeding.

• Represents an international provider of factoring and asset-based lending in numerous debtor-in-possession financing arrangements

• Represents a regional non-profit hospital debtor in its chapter 11 proceedings.

• Represents automotive suppliers in accommodation agreements and rescue financing.

• Represents private equity sponsors in acquisition financing.

• Represented an international group of businesses in the refinancing of its $650 million multicurrency revolving loan.

• Represented a purchaser in relation to the financing of its $430 million acquisition of a mobile home manufacturer.

• Represented multiple national banks in Michigan real estate financing transactions.

• Represented a provider of traditional and renewable energy products company in its acquisition financing for the purchase of a distressed biofuel refinery facility.

• Represented a national bank in numerous syndicated credit facilities for environmental services industry clients.

• Represented Nordic Aviation Capital Designated Activity Company and its subsidiaries in connection with their prearranged Chapter 11 cases in the U.S. Bankruptcy Court for the Eastern District of Virginia. NAC, an Irish company, is the largest regional aircraft lessor in the world, with more than 475 aircraft. With over US$7.7bn of liabilities, NAC was the largest Chapter 11 filing in 2021.*

• Represented J.C. Penney Company, Inc. and 17 of its affiliates in their pre-arranged Chapter 11 cases. The company entered bankruptcy with approximately US$4.9bn in funded debt with a Restructuring Support Agreement that carried broad first-lien stakeholder support. Following almost a year of creditor negotiations, hearings, and mediation, the company effectuated a sale of substantially all of its operating assets to a consortium of its prepetition landlords and its prepetition secured creditors.*

• Represented Forever 21 Inc. and its affiliates in their Chapter 11 restructuring in the U.S. Bankruptcy Court for the District of Delaware. The company effectuated a sale of substantially all of its assets to a consortium of its prepetition landlords under section 363 of the Bankruptcy Code.*

• Represented iHeartMedia, Inc. and certain affiliates in connection with their prearranged Chapter 11 cases involving consolidated debts of more than US$20bn — the largest filed in 2018. iHeart is the largest radio broadcaster in the United States and specializes in radio, digital, outdoor, mobile, social, live events, on-demand entertainment, and information services for local and national communities. In 2020, the Turnaround Management Association recognized the successful restructuring of iHeartMedia, Inc. with its “Mega Company Transaction of the Year Award.”*

• Represented Armstrong Energy, Inc. in its proceedings before the United States Bankruptcy Court for the Eastern District of Missouri. At the time the cases were filed, the company had funded debt of approximately US$200m of senior secured notes.*

* Certain of these matters were handled prior to joining Foley.