David L. Eaton

Chapter 11 restructuring of Le Tote, Inc., Lord & Taylor LLC, and their affiliates in the United States Bankruptcy Court for the Eastern District of Virginia. Le Tote, an eight-year-old venture-backed fashion rental subscription service, acquired the 193-year-old department store chain Lord + Taylor from Hudson’s Bay Company in late 2019. The effect of the COVID-19 pandemic, combined with the secular decline in traditional retail, significantly constrained the Company’s liquidity. The Company will use the Chapter 11 process to pursue value-maximizing transactions for both the Le Tote and Lord + Taylor businesses.

Chapter 11 restructuring of Denbury Resources Inc. and 17 of its affiliates in the United States Bankruptcy Court for the Southern District of Texas. Denbury is an independent oil and natural gas company headquartered in Plano, Texas, with onshore production and development activities in the Gulf Coast and Rocky Mountains regions. Denbury is the only United States-based public company of scale with a primary focus on sustainable carbon dioxide enhanced oil recovery. With approximately $2.5 billion in funded debt, Denbury entered bankruptcy with a Restructuring Support Agreement that carries broad creditor support and provides for a comprehensive financial restructuring that will equitize all $2.1 billion of Denbury’s notes and committed debtor-in-possession and exit financing from Denbury’s existing lenders.

Chapter 11 restructuring of APC Automotive Technologies Intermediate Holdings, LLC and its affiliates in the U.S. Bankruptcy Court for the District of Delaware. APC is a leading supplier of undercar replacement parts in the automotive aftermarket and the only true full-line underbody supplier for brake, chassis, and exhaust replacement parts. Following entry into a restructuring support agreement with its key stakeholders, APC commenced its Chapter 11 cases with a prepackaged plan of reorganization that will reduce its more than $430 million in indebtedness by $290 million by exchanging its term loan debt for equity.

Chapter 11 restructuring of Caesars Entertainment Operating Co. Inc. (“CEOC”). CEOC, a majority owned subsidiary of Caesars Entertainment Corporation, provides casino entertainment services and owns, operates or manages 44 gaming and resort properties in 13 states of the United States and in five countries primarily under the Caesars, Harrah's and Horseshoe brand names. CEOC and its debtor subsidiaries had more than $18.4 billion in funded debt obligations as of the commencement of their Chapter 11 cases. In 2018, the Turnaround Management Association recognized the successful restructuring of Caesars Operating Entertainment Co. Inc. with its “Mega Company Turnaround of the Year Award.”

Out-of-court restructuring of YRC Worldwide, one of country’s largest LTL transportation businesses, with operations in U.S., Canada, Mexico and China. The deal refinanced more than $1 billion in secured indebtedness, converted deferred fees and interest under YRC’s senior credit facility into equity, provided for a $100 million new-money investment into YRC and extended the maturity of YRC’s refinanced debt obligations and its deferred pension obligations. YRC’s recent financial restructuring was supported by its primary union, the International Brotherhood of Teamsters, more than 20 different multi-employer pension funds and all of the lenders under YRC’s secured credit facilities.

Chapter 11 reorganization of Flying J Inc., a fully integrated oil company with operations in the field of exploration, production, refining, transportation, wholesaling and retailing of petroleum products. Flying J was one of the 20 largest privately held companies with 2007 consolidated sales in excess of $16.2 billion.

Restructuring of Source Interlink Companies, Inc., and its affiliates, one of the leading publishers and wholesalers of magazines and home entertainment products in North America. Source Interlink Companies produce and distribute magazines and home entertainment products, including CDs and DVDs, to over 100,000 retail locations. Under the prepackaged Chapter 11 plan, Source Interlink eliminated approximately 50% of its secured debt obligations.

Chapter 11 reorganization of Sea Containers Ltd., a multinational conglomerate with significant international marine container assets. Reorganization included divestiture of a multitude of subsidiaries around the world, and resolution of all matters relating to U.S. pension obligations and joint venture interest in GE SeaCo.

Chapter 11 reorganization of Harnischfeger Industries Inc., a multi-national manufacturer of mining and papermaking equipment. Responsibilities included managing divestiture of Beloit Corporation (world’s largest papermaking equipment manufacturer) in 4 continents and designing integrated financial reorganization plan for 59 related companies.

Representation of Latham International, the largest manufacturer of in-ground residential swimming pool components in North America, in pre-filing matters related to its prepackaged Chapter 11 plan.

Chapter 11 reorganization of Collins & Aikman Corporation, a multi-national tier one auto parts supplier.

Prepackaged Chapter 11 reorganization of Lazy Days' R.V. Center, Inc. and its affiliates. At the time of filing, Lazy Days' R.V. Center was the single largest recreational vehicle dealership in the world.

Chapter 11 bankruptcy of Norwood Promotional Products Holdings Inc. Norwood is a leader in the market of customizable corporate merchandise, including calendars, writing instruments and awards.

Loan-to-own acquisition by Oaktree Capital Management of Regent Communications, Inc. through prearranged bankruptcy.

Purchase of Böwe Bell & Howell Corp. by Versa Capital Management through debt purchase and 363 credit bid.

Purchase of Eddie Bauer, Inc. by Golden Gate Capital through successful 363 auction.

Representation of Federal Communications Commission in connection with resolution of multi-billion dollar claim against NextWave Communications.

Chapter 11 restructuring of Keystone Consolidated Industries, Inc., a mid-west manufacturer of specialty steel products.

Chapter 11 restructuring of Techneglas, Inc., a manufacturer and distributor of specialty television glass products, including resolution of multi-national pension issues.

Led successful discounted exchange offer for large Thai conglomerate that replaced U.S. debt with Baht-denominated bank financing.

Involvement as bankruptcy advisor in structuring asset securitization transactions aggregating in excess of $30 billion.

Chapter 11 reorganization of Highland Superstores, Inc., a national, publicly held retailer of consumer electronics and appliance products.

Lead advisor for Creditors Committee in restructuring of $150 million equipment lease portfolio and numerous retail claims.

Lead counsel for National Bank of Yugoslavia in successful prosecution and recovery of claim against Drexel Burnham Lambert. Representative of Drexel’s Official Committee of Unsecured Creditors.

Lead counsel for Blue Cross Blue Shield National Association in representation of Association's interests in West Virginia Blue Cross Plan financial restructuring. Also counsel for Association in issues relating to other financially troubled member plans, including dealing with government receivers in case of plan takeover.

While running Company, arranged, negotiated, obtained shareholder approval for and closed sale of LA Gear, Inc. to North American footwear licensee.

PricewaterhouseCoopers Securities, Managing Director of Special Situations Group, 2001–2003

AEG Partners, Managing Director, 1999–2001

LA Gear, Inc., Executive Chairman of the Board (post restructuring), 1998–2001

Discovery Zone, Inc., Director (post restructuring), 1998–2001

Geo Specialty Chemicals, Inc., Director (post restructuring), 2005–Present

Home Products International, Inc., Director, 2011–Present