Vertex Energy, Inc. — Representation of Vertex Energy, Inc. (VTNR) and 23 of its subsidiaries (“Vertex”) in their prearranged Chapter 11 cases filed in the U.S. Bankruptcy Court for the Southern District of Texas. Vertex is a leading energy transition company and marketer of high-quality refined products. Vertex filed for Chapter 11 with a restructuring support agreement (“RSA”) that is supported by 100% of the company’s term loan lenders. The RSA and related Chapter 11 plan provide for a recapitalization of the business through a debt-for-equity exchange or a sale of all or substantially all of the debtors’ assets. Vertex commenced its Chapter 11 cases with a $280 million debtor-in-possession financing facility and a commitment from the Company’s intermediation counterparty to continue performing under Vertex’s critical intermediation facility.
Tupperware Brands Corporation — Representation of Tupperware Brands Corporation and its debtor affiliates (“Tupperware”) in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. Tupperware, an iconic American brand founded in 1947, entered Chapter 11 with approximately $810 million in funded debt. Through its Chapter 11 cases, Tupperware sold its brand name and core operating assets to a group of secured lenders in a transaction that will allow Tupperware to continue operating under new ownership with a right-sized footprint. The transaction will also enable Tupperware to preserve numerous employee, sales force, customer and vendor relationships.
Digital Media Solutions, Inc. — Representation of Digital Media Solutions, Inc. and 36 of its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Digital Media Solutions is a leading technology-enabled advertising company that leverages its advanced technology and proprietary customer data to connect its customers efficiently and effectively with their target consumers. Digital Medial Solutions filed the Chapter 11 cases with the support of its prepetition lenders through the funding of an approximately $122 million debtor-in-possession financing facility consisting of $30 million in new money and approximately $92 million in a “roll-up” of prepetition debt. The prepetition lenders serving as the DIP lenders also entered into a stalking horse agreement with Digital Media Solutions for a $95 million credit bid, subject to higher or otherwise better bids.
WeWork, Inc. — Representation of WeWork, Inc. and its debtor affiliates — the leading global flexible space provider — in their Chapter 11 cases in the United States Bankruptcy Court for the District of New Jersey. With approximately $17 billion in funded debt and lease obligations at the time of filing and posing complex, novel issues of international, regulatory and foreign law, WeWork, with over 500 entities, is one of the largest jointly administered Chapter 11 cases in history. Through its Chapter 11 cases, WeWork was able to equitize all $4.3 billion of its funded indebtedness, right size its lease portfolio and reduce future obligations by $11 billion as the result of a pioneering strategy for rent negotiations, facilitate a global settlement with numerous stakeholders and navigate complex cross-border issues.
Summit Partners — Representation of Summit Partners and certain affiliated funds in the restructuring of borrower Canadian Overseas Petroleum Limited and its affiliates (COPL) under the Companies’ Creditors Arrangement Act (CCAA) in Calgary, Alberta, and Chapter 15 cases in the U.S. Bankruptcy Court for the District of Delaware, in its capacity as interim financing lender, stalking horse bidder and holder of the majority of COPL’s secured debt. COPL ran a sale and investment solicitation process under the CCAA, which is similar to a Chapter 11 Section 363 sale process, to market their businesses with Summit serving as a stalking horse. As a result of the auction process, Summit’s stalking horse bid emerged as the winning bid, and the transaction closed.
