Brian Messing

Nine Energy Service, Inc. — Representation of Nine Energy Service, Inc. and nine of its affiliates (Nine Energy) on its voluntary prepackaged Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. Nine Energy is an oilfield services business that supplies well completion solutions for unconventional oil and gas resource extraction and development across North America and abroad. Confirmation of Nine Energy’s plan eliminated over $320 million of funded-debt obligations, left general unsecured creditors unimpaired, and provided the company with access to a new, more flexible asset-based financing facility.

Water Gremlin Company — Representation of Okabe Co., Ltd. (Okabe), a publicly traded Japanese construction products manufacturer, in the Water Gremlin Company Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware, ultimately achieving a global settlement favorably resolving all personal injury TCE claims asserted against Okabe.

Fortrex, Inc. — Representation of Fortrex, Inc., formerly known as Packers Sanitation Services Inc., a leading food safety sanitation company and previously a Blackstone portfolio company, on a comprehensive out-of-court restructuring that was supported by 100% of its lenders. In connection with the restructuring, Fortrex’s first lien term loans holders exchanged nearly $1.5 billion in existing secured debt for a pro rata share of $250 million in new take-back term loans and 100% equity ownership in Fortrex. Fortrex’s revolving lenders also extended and upsized Fortrex’s existing $54 million revolving credit facility up to $70 million. The restructuring preserved jobs for employees and positioned Fortrex for continued growth and innovation in the food safety and sanitation field.

Wellness Pet, LLC — Representation of Wellness Pet, LLC and certain of its affiliates, a provider of premium natural pet food, treats and dental chews, in a refinancing and new money financing transaction that raised $100 million of capital and meaningfully extended the maturity of the company’s ABL facility. In addition to the $100 million of new capital investment, the transactions provided for the refinancing of Wellness Pet’s existing term loan facility. The opportunity to participate in the transaction was offered to all existing lenders and was supported by the ABL lenders, first lien term loan lenders and second lien term loan lenders.

Claire’s Holdings LLC — Representation of Claire’s Holdings LLC and 13 of its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Headquartered in Hoffman Estates, Illinois, Claire’s is an iconic brand for self-expression, creating exclusive, curated, and fun fashionable jewelry and accessories with over 2,000 stores globally. Claire’s is also a go-to establishment for ear piercing, having pierced over 100 million ears since 1978. Claire’s entered Chapter 11 with over $1 billion in secured and unsecured debt. Claire’s received court approval for a full-chain liquidation at the outset of the Chapter 11 cases. However, a multidisciplinary Kirkland team advised Claire’s in identifying, executing and closing on a going concern sale transaction that contemplates the acquisition of over 800 stores, in consideration for $104 million in cash, a $36 million seller note and assumption of certain liabilities. The sale will preserve thousands of jobs and will allow the Claire’s brand to continue. Additionally, Kirkland represents certain Claire’s entities in connection with parallel European restructuring processes.

Franchise Group — Representation of Franchise Group, owner and operator of franchised and franchisable businesses, in connection with its Chapter 11 restructuring. Following months of litigation, Kirkland was retained and helped Franchise Group secure a global settlement with its key stakeholders to delever its balance sheet by more than $2.4 billion and emerge from Chapter 11 with a deleveraged capital structure, enhanced liquidity, and a strengthened and simplified business model. In addition to confirming a Chapter 11 plan of reorganization, Franchise Group successfully completed a value-maximizing sale of its Vitamin Shoppe business segment.

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.

Sientra, Inc. — Representation of Sientra, Inc. and three of its subsidiaries (“Sientra”), a surgical aesthetics company with a direct marketing and sales organization, in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. Sientra offers leading transformative treatments and technologies, including the development and sale of breast implants, breast tissue expanders, and fat transfer systems for plastic surgeons, hospitals, and surgery centers. Sientra filed for Chapter 11 with the support of its prepetition lenders through the funding of a $90 million debtor-in-possession financing facility. Sientra is using its Chapter 11 cases to facilitate a sale of substantially all of its assets to maximize value, preserve operations, and to provide continued support to customers.

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.

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.