Robert A. Diehl

American Tire Distributors, Inc. (2024) — Representation of American Tire Distributors, Inc. and 12 of its debtor affiliates (“ATD”) in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. ATD operates the largest distribution network of replacement tires across North America. Prior to commencing its Chapter 11 cases, ATD had approximately $1.9 billion in funded debt, across a term loan and asset-based lending facility. ATD executed an RSA with a group of lenders holding more than 90% of their term loan and 100% of their FILO facility and commitments from the same group of lenders as well as their ABL lenders to provide debtor-in-possession financing, which included $250 million of new money commitments.

SunPower Corporation — Representation of SunPower Corporation and certain of its subsidiaries (“SunPower”) in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. SunPower is a leading provider of residential solar energy solutions throughout North America, having fitted over half a million homes with its solar energy systems. At the time of the Chapter 11 filing, the SunPower enterprise had over $2 billion of total indebtedness. Prior to filing its Chapter 11 cases, SunPower entered into a stalking horse purchase agreement that contemplates a going-concern sale of its key businesses.

Express, Inc. — Representation of Express, Inc. and certain of its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. Express is a forty-year old iconic fashion brand headquartered in Columbus, Ohio with 600 stores across the United States and partnerships spanning the globe. In addition to the Express brand, the Bonobos and UpWest retail banners are included in the Chapter 11 cases. Express is a publicly traded company with over $1 billion of liabilities as of the petition date.

Prima® Wawona — Representation of Prima® Wawona and certain of its affiliates (“Prima®”), which was, at the time, the largest stone fruit producer in the United States, in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Prima®, then the largest producer of stone fruit (i.e., peaches, plums, nectarines, and apricots) in the United States, entered Chapter 11 in October 2023 to address its approximately $1 billion total debt load. Pursuant to Prima®’s confirmed Chapter 11 plan, Prima® consummated an equitization transaction that transitioned ownership of Prima®’s real estate owning entity to its “PropCo” secured lenders and the ownership of its operating assets to a liquidating trust for the benefit of its “OpCo” secured lenders, and effectuated a global settlement among Prima®’s lenders, creditors and former equity stakeholders.

Pipeline Health System, LLC — Representation of Pipeline Health System, LLC and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. Pipeline Health operates seven “safety net” hospitals, three health clinics and three medical group centers across California, Texas and Illinois, including Weiss Memorial Hospital and West Suburban Medical Center in Chicago. Pipeline’s hospitals operate in historically underserved communities, and a significant percentage of its patients rely on Medicare, Medicaid and other governmental programs for health coverage. Pipeline Health came into the Chapter 11 proceedings with a plan of reorganization seeking to restructure over $600 million of financing obligations.

Genesis Care Pty Ltd — Representation of Genesis Care Pty Ltd and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. GenesisCare is a leading cancer care provider, offering personalized and accessible treatment across a network of highly-skilled healthcare professionals to patients globally. GenesisCare is one of the world’s largest integrated oncology organizations and the world’s largest provider of radiotherapy, operating more than 400 cancer centers in the U.S., Australia, Spain and the UK which treat more than 450,000 patients annually. As of its Chapter 11 filing, GenesisCare’s funded debt totaled approximately $1.7 billion, including approximately $1.55 billion in secured term loan indebtedness. GenesisCare commenced its Chapter 11 cases to obtain access to debtor-in-possession financing, to conduct a marketing and sale process for its U.S. assets, and to restructure its financial obligations.

Just Energy Group Inc. — Representation of Just Energy Group Inc., a Mississauga, Ontario-based leading retail consumer company specializing in electricity and natural gas commodities, energy efficiency solutions, and renewable energy options, in its Chapter 15 proceedings in the United States to recognize proceedings commenced in Canada under the Companies’ Creditors Arrangement Act (CCAA). Prior to filing for bankruptcy, Just Energy Group Inc. was severely adversely impacted by the unprecedented winter storm in Texas in February 2021. The insolvency proceedings successfully culminated in a Canadian-court approved and United States-court recognized sale transaction that preserved operations, hundreds of jobs, critical regulatory approvals, and key commodity supplier relationships.

QualTek Services Inc. — Representation of QualTek Services Inc. and its subsidiaries in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. QualTek is a provider of infrastructure services and renewable energy project solutions to the North American telecommunications and power industries. With Kirkland’s assistance, QualTek’s fully consensual comprehensive restructuring will reduce the company’s total debt by nearly half, from approximately $625 million to approximately $318 million, substantially increase QualTek’s cash on hand, and strengthen its liquidity position.