Kyle Nolan Trevett

Representation of Sunnova Energy International Inc. (NYSE: NOVA) and over 275 affiliates in their comprehensive restructuring of approximately $9 billion of corporate debt and securitized obligations. Sunnova is among the nation’s largest installers and servicers of residential solar systems, with approximately 440,000 residential solar customers across the country and in Puerto Rico. Sunnova also manages and services 26 securitization trusts holding $7 billion of homeowner contracts and leases. Certain of Sunnova’s corporate entities are utilizing Chapter 11 to facilitate value-maximizing transactions as part of their enterprise-wide restructuring.

Representation of an ad hoc group of crossholders of more than $4 billion in principal amount of debt and equity in Ligado Networks LLC (Ligado), a leading satellite communications company, in Ligado’s prearranged Chapter 11 case filed in the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court). Ligado filed for bankruptcy with a restructuring support agreement (RSA) in place that is supported by holders of nearly 90% of the company’s $7.8 billion of aggregate funded indebtedness and a significant portion of its equity. The RSA provides for the conversion of existing debt into new preferred equity, the preservation of the existing interests in the capital structure below the new preferred equity, a commercial agreement with AST SpaceMobile Inc. in respect of spectrum usage rights, and the preservation of Ligado’s $39 billion takings claim against the U.S. government. In addition, the Bankruptcy Court approved a $940 million multi-draw debtor-in-possession credit facility funded in part by the ad hoc group of crossholders that provides Ligado with access to new money financing and will refinance certain of Ligado’s existing debt.

Representation of Liberated Brands LLC and certain of its subsidiaries (Liberated) in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Liberated is a global leader in the sports, outdoor and lifestyle apparel industry, offering products under high-quality brands such as Volcom®, Billabong®, Quiksilver®, Spyder®, RVCA®, Roxy® and Honolua®. At the time of the Chapter 11 filing, Liberated maintained approximately $98 million in total funded debt. Liberated commenced its Chapter 11 cases to effectuate an orderly and value-maximizing monetization and wind down process along multiple parallel paths, including one or more value maximizing going-concern sale transactions of the Company’s non-U.S. businesses.

Representation of Accuride Corporation and 15 of its debtor affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. Accuride is the one of the largest and most diversified manufacturers and suppliers of wheels and wheel end components in the world. Accuride commenced its Chapter 11 cases with approximately $485.6 million in funded debt and commitments from an ad hoc group of prepetition term loan lenders to provide nearly $103 million in debtor-in-possession financing. Accuride and its term loan lenders have also agreed on the framework of a consensual restructuring transaction which will deleverage the company’s balance sheet via an equitization of the lenders’ prepetition debt.

Representation of Pluralsight, LLC and its affiliates (Pluralsight), a leading technology workforce development company, in a comprehensive transaction that included a recapitalization and exchange of existing secured debt. The transaction, which was supported by all of Pluralsight’s existing lenders and its sponsor, significantly reduced funded debt by approximately $1.2 billion, strengthened Pluralsight’s balance sheet, and infused more than $200 million of new capital into the business to support long-term strategic goals and accelerate growth initiatives.

Representation of Hoonigan and 26 of its affiliates (collectively, Hoonigan) in their prepackaged cases filed in the United States Bankruptcy Court for the District of Delaware. Hoonigan is a global designer and supplier of premium aftermarket automotive products, reaching millions of customers through a broad network of distributors, e-commerce platforms, and digital content. Hoonigan commenced its prepackaged cases with a consensual deal with a majority of its debtholders and sponsor that contemplates eliminating approximately $1.2 billion of its $1.7 billion prepetition funded debt and leaving general unsecured claims unimpaired.

Representation of SIRVA Worldwide, Inc. and its affiliates in their out-of-court restructuring, which was supported by 100% of SIRVA’s lenders. SIRVA is a global leader in corporate relocation and moving services with 77 locations servicing over 190 countries. Pursuant to the restructuring transaction, SIRVA eliminated over $300 million of funded debt obligations and received $40 million in new capital.

Representation of Sonder Holdings Inc. and its subsidiaries (Sonder), a global brand of premium, design-forward apartments and intimate boutique hotels, in a transformational out-of-court restructuring, consisting of approximately $146 million of incremental liquidity, including an approximately $43 million preferred equity capital raise. These transactions executed contemporaneously with a strategic long-term licensing agreement with Marriott International, Inc. and provided access to significant new money investments, strengthening Sonder’s financial and liquidity position.

Representation of Vyaire Medical, Inc. and certain of its affiliates in their prearranged Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Vyaire is a leading medical devices and services company with approximately $534 million in funded debt. Vyaire commenced the prearranged cases to conduct a sale process with a $45 million debtor-in-possession financing facility and the support of the vast majority of its secured lenders.

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.

Representation of Learfield Communications, LLC and its affiliates, a leading media and technology company in the college sports market, in a nearly $1 billion out-of-court restructuring with unanimous support from Learfield’s existing lenders and equity sponsors. The transactions substantially delevered Learfield’s balance sheet and provided access to significant new money equity investments, strengthening Learfield’s financial and liquidity positions.

Representation of Venator Materials PLC and its affiliates (together, Venator) in their prepackaged Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Venator, which is an NYSE-listed Public Limited Company organized under the laws of England and Wales, is a global manufacturer of pigments and additives that bring color, vibrancy, and a sustainable finish to a variety of objects and for a variety of uses and has over $1.1 billion in total funded debt obligations. Venator filed for Chapter 11 with a restructuring support agreement supported by holders of 94% in principal of its total funded debt obligations and $275 million in new-money postpetition DIP financing. Venator’s Chapter 11 plan was confirmed approximately 70 days after the filing.

Representation of Celsius Network LLC and its affiliates in their Chapter 11 cases filed in the U.S. Bankruptcy Court for the Southern District of New York. Celsius is one of the largest and most sophisticated cryptocurrency-based finance platforms in the world and provides financial services to institutional, corporate, and retail clients across more than 100 countries.

Representation of Envision Healthcare Corp. and 216 of its affiliates in the commencement of pre-arranged Chapter 11 cases. Envision is a leading national medical group that employs or partners with more than 21,000 clinicians and provides care to patients across the U.S., with nearly 30 million patient visits each year. The debtors confirmed two Chapter 11 plans of reorganization (on account of its two credit silos) that resulted in a deleveraging of more than $7 billion, more than $2 billion in exit financing, and laid the groundwork for the operational separation of the debtors’ physician services and ambulatory surgery center business lines, all on a substantially consensual basis.

Representation of Kinderhook Industries, LLC (the private equity sponsor, DIP lender, and stalking horse purchaser) in the Chapter 11 cases of Performance Powersports Group Investor, LLC and its affiliated debtors in the United States Bankruptcy Court for the District of Delaware. Performance Powersports Group is a producer of high-quality, light-to-middle weight powersports equipment, including utility task vehicles (UTVs), all-terrain vehicles (ATVs), go-karts, and mini-bikes. At the time of filing, Performance Powersports Group had $52 million in funded debt, claims in excess of $70 million from trade creditors, and was subject to ongoing litigation with a trade vendor. Despite opposition to both the final DIP order and sale transaction from the U.S. Trustee and Official Committee of Unsecured Creditors, Kinderhook’s $73 million bid for the assets of Performance Powersports Group was approved, including broad releases via the final DIP order. The sale transaction closed less than a week later.

Representation of Altera Infrastructure L.P. and certain of its affiliates (Altera), a leading international midstream services provider to the oil and gas industry, in pre-arranged Chapter 11 cases filed in the Bankruptcy Court for the Southern District of Texas. Operating a fleet of 41 vessels, Altera supplies critical infrastructure assets to its customers primarily in offshore regions of the North Sea, Brazil, and the East Coast of Canada. Altera filed for Chapter 11 with a restructuring support agreement (RSA) that is widely supported by Altera’s equity sponsor, Brookfield, and a super-majority of its bank lenders. The RSA contemplates, among other things, addressing more than $1 billion of secured and unsecured holding company debt, $400 million of preferred equity, and $550 million of secured asset-level bank debt, and a comprehensive reprofiling of Altera’s bank loan facilities to better align cash flow with debt service obligations.

Representation of Intelsat S.A. and its debtor-affiliates—operator of the world’s largest satellite fleet and connectivity infrastructure—in connection with their Chapter 11 cases in the United States Bankruptcy Court for the Eastern District of Virginia. With approximately $15 billion in liabilities at the time of filing, and posing complex intercompany issues and novel issues of regulatory and foreign law, Intelsat was one of the largest and most complex restructurings of 2020 and 2021. Intelsat filed with $1 billion in committed DIP financing, which it subsequently refinanced and expanded up to $1.5 billion during its Chapter 11 cases. During their Chapter 11 cases, Intelsat purchased Gogo Inc.’s commercial aviation business, including its software platform and network management infrastructure, for approximately $400 million in a relatively unprecedented transaction for a Chapter 11 debtor. After extensive multiparty and cross-silo negotiations and successful mediation efforts, Intelsat obtained confirmation of its plan of reorganization on a fully-consensual basis and emerged from Chapter 11 with nearly $7 billion in new exit financing and a deleveraged capital structure.