Edward O. Sassower, P.C.
Overview
Edward Sassower serves on the Firm’s Executive Committee and is a partner in the Restructuring Group. He focuses on representing debtors, creditors and distressed or special situation investors in bankruptcy cases, out-of-court restructurings and acquisitions.
Distinctions
Described as a “charismatic leader and rainmaker of the restructuring group,” Edward has consistently been recognized by Chambers USA, America’s Leading Lawyers for Business and Chambers Global, The World’s Leading Lawyers for Business. Most recently, clients praised him as a “superb leader” and “the maestro of the bankruptcy practice.” Sources noted that he is “a very smart business strategist” that “drives the Firm forward” and “his oversight and involvement is invaluable.” In prior editions, interviewees described Edward as “one of those rare people who comes along once in a while who has a legal mind and a business mind.” He’s also been described as a “master strategist and brilliant technician” who “demonstrates incredible creativity” with “both a brilliant and commanding understanding of the law as well as a complete and thoughtful view of business” noting that his “ability to build consensus and to coalesce the group around important issues was stunning.” Client and peer quotes have also described Edward as a “really talented and very savvy deal-maker” with “deep relationships in the bankruptcy community” and praised him for his “command of a board of directors,” “tremendous credibility in the courtroom,” and his focus on “delivering a great job for his clients.” Client and peer quotes also commend Edward on his “leadership to clients who have never experienced the complexity and intensity of bankruptcy” noting he “has the ability to see the big picture of the case at all times and can anticipate the next several steps necessary to keep the case on track.” Interviewees praised Edward for his “great understanding of the impact of decisions on business” and his ability to “facilitate communication and dialogue and provide leadership,” while having “a good relationship with other professionals that transcends the adversarial aspects of cases.”
Edward has also consistently been recognized in The Legal 500 U.S. Client and peer quotes praise Edward for being a “tireless advocate with a highly evolved understanding of what matters to financial clients,” a “true business-savvy deal lawyer who knows when to fight and when to negotiate” and “as good as it gets in the bankruptcy area.”
In 2016, Edward was selected by Law360 as an “MVP,” three years after naming him a “Rising Star” in 2013.
In 2013, Edward was selected by Turnarounds & Workouts as an “Outstanding Restructuring Lawyer,” five years after naming him an “Outstanding Young Restructuring Lawyer” in 2008.
In 2013, Edward was selected to the UJA-Federation of New York's first ever 40 Under 40 Industry Leaders list, an initiative that recognizes a prominent group of accomplished professionals spanning many industries.
Edward is also an Adjunct Full Professor of Finance at The Wharton School of the University of Pennsylvania where he teaches the “Corporate Restructuring” course every Fall.
Edward serves on the boards of numerous charities including UJA – Federation of New York.
Experience
Representative Matters
Energy Restructurings
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Gulfport Energy Corporation: One of the lead restructuring partners representing Gulfport Energy Corporation and its wholly-owned subsidiaries in their prearranged Chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of Texas. Gulfport is an independent returns-oriented, gas-weighted exploration and development company and one of the largest producers of natural gas in the contiguous United States, with significant acreage positions in Ohio and Oklahoma. Gulfport entered Chapter 11 with a restructuring support agreement signed by prepetition revolving credit facility lenders holding over 95% of its revolving debt obligations and noteholders holding over 70% of its senior unsecured notes, The restructuring support agreement proposes eliminating approximately $1.25 billion in funded debt obligations, provides for a $262.5 million DIP facility and $580 million in committed exit financing, and contemplates a backstopped rights offering for at least $50 million of preferred equity.
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PES Holdings, LLC: One of the lead restructuring partners representing PES Holdings, LLC in its Chapter 11 cases initiated in July 2019, four weeks after a catastrophic explosion at PES’s Girard Point refining complex that resulted in a permanent shutdown of PES’s refining operations. Following this event, PES worked quickly to obtain access to $100 million of new DIP financing from its term loan lenders and negotiated consensual cash collateral usage with its working capital lender to finance its Chapter 11 cases. In Chapter 11, PES pursued a competitive sale process for the refinery site and a claim under its $1.25 billion property insurance policy. The process culminated in a $225.5 million equity sale to Hilco Redevelopment Partners under a Chapter 11 plan. The Chapter 11 plan and sale were approved by the United States Bankruptcy Court for the District of Delaware in February 2020, less than 8 months after the catastrophic explosion.
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Hornbeck Offshore Services, Inc.: One of the lead restructuring partners representing Hornbeck Offshore Services, Inc. and its affiliates, in its Chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of Texas. Hornbeck provides marine transportation and subsea installation services to support the deep water drilling and production needs of their exploration and production, oilfield service, offshore construction, and U.S. military customers. The Hornbeck Chapter 11 cases were filed with a prepackaged plan of reorganization that contemplates a $75 million in debtor-in-possession (DIP) financing and a fully backstopped $100 million rights offering.
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Energy Future Holdings Corp.: One of the lead partners representing Energy Future Holdings Corp. and 70 of its affiliates (collectively, “EFH”) in their prearranged Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. EFH is the largest generator, distributor, and certified retail provider of electricity in Texas, and is the product of the largest buy-out in history. With over $49 billion in liabilities and $36 billion in assets, EFH’s Chapter 11 case is the seventh largest Chapter 11 case filed in history. Under part of the Company’s Chapter 11 plan, which went effective in October 2016, TCEH and its subsidiaries emerged from Chapter 11, and TCEH emerged as a new standalone company, which operates the competitive retail side of the business (i.e., TXU Energy) and the competitive generation side of the business (i.e., Luminant).
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PES Holdings, LLC: One of the lead restructuring partners who represented PES Holdings, LLC in its prepackaged Chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. Headquartered in Philadelphia, PES owned and operated the largest oil refining complex on the U.S. Eastern seaboard. The refining complex, which spans 1,300 acres and has capacity to refine 335,000 barrels of crude oil per day, was in continuous operation since the 1860s. PES’s prepackaged plan of reorganization carried universal stakeholder support and commitments for over $260 million of new capital, and provided PES with substantially reduced debt service obligations upon emergence. PES obtained confirmation of its plan in March 2018.
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Ameriforge Group, Inc.: One of the lead restructuring partners representing Ameriforge Group, Inc. and its affiliates in their pre-packaged Chapter 11 cases that were filed and confirmed in Houston, Texas. Ameriforge is a leading global provider of technology, services, and fully-integrated manufacturing capabilities to the oil and gas, general industrial, aerospace, and power generation industries. The prepackaged plan of reorganization was unanimously accepted by all voting creditors and resulted in the deleveraging of Ameriforge’s balance sheet by approximately $680 million (over 90% of its funded debt).
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Bonanza Creek Energy, Inc.: One of the lead restructuring partners representing an ad hoc committee of unsecured noteholders in the prepackaged Chapter 11 cases of Bonanza Creek Energy, Inc. in the United States Bankruptcy Court for the District of Delaware. Bonanza Creek is an independent oil and gas exploration and production company with assets located primarily in Colorado and Arkansas. Bonanza Creek’s prepackaged restructuring will address its more than $1 billion in funded-debt obligations, including more than $800 million in unsecured note obligations.
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Samson Resources Corporation: One of the lead restructuring partners representing Samson Resources Corporation in its Chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. Samson is a leading onshore oil and gas exploration and production company with headquarters in Tulsa, Oklahoma, held oil and gas assets primarily located in Colorado, Louisiana, North Dakota, Oklahoma, Texas and Wyoming. Under the Company’s Chapter 11 plan, Samson successfully executed on six simultaneous asset sales during its restructuring, with an aggregate purchase price of $650 million, and negotiated a global settlement with its major stakeholders, resolving all open issues in its bankruptcy. Samson’s plan of reorganization deleveraged its balance sheet by approximately $4 billion and positioned Samson for future success after emergence.
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Midstates Petroleum Company, Inc.: One of the lead restructuring partners representing Midstates Petroleum Company, Inc. in its prearranged Chapter 11 restructuring in the United States Bankruptcy Court for the Southern District of Texas. Midstates is an independent exploration and production company focused on the application of modern drilling and completion techniques in oil and liquids-rich basins in the onshore U.S., with operations focused on oilfields in the Mississippian Lime play in Oklahoma and the Anadarko Basin in Texas and Oklahoma. Midstates filed for Chapter 11 with a support agreement with a supermajority of lenders in all three of its secured debt tranches regarding a transaction that equitized more than 90% of the Company’s $2 billion in funded debt when the plan went effective in October 2016, less than six months after filing.
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Penn Virginia Corporation: One of the lead restructuring partners representing Penn Virginia Corporation in its prearranged Chapter 11 restructuring in the United States Bankruptcy Court for the Eastern District of Virginia. Penn Virginia is an independent oil and gas company that engages in exploration, development and production of crude oil in the United States. Under the Company’s Chapter 11 plan, which went effective in September 2016, Penn Virginia successfully secured $128 million of post-emergence liquidity in connection with a restructuring support agreement with its funded-debt holders. The financing provisions of the restructuring support agreement was supported by 87% of holders of Penn Virginia’s funded-debt obligations, including 100 % of its secured lenders. Penn Virginia’s plan of reorganization fully equitized Penn Virginia’s prepetition funded debt (approximately $1.2 billion) when the company successfully emerged fewer than 100 days following the Chapter 11 filing.
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Magnum Hunter Resources Corporation: One of the lead restructuring partners representing Magnum Hunter Resources Corporation and certain of its subsidiaries in its prearranged Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Magnum Hunter is an independent exploration and production company engaged in the acquisition, development and production of natural gas, natural gas liquids and crude oil, primarily in the States of West Virginia and Ohio. Under the Company's Chapter 11 plan, which went effective in May 2016 and was confirmed four months after the petition date, holders of more than $1 billion of pre and postpetition debt—representing substantially all of the Company’s indebtedness — agreed to fully equitize their claims and support the reorganized Company with a fully funded, $50 million exit financing facility, which is the Company’s only pro forma funded debt.
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Constellation Energy: One of the lead restructuring partners in connection with Constellation's proposed $4.8 billion merger with MidAmerican Energy Holdings Company, which was terminated by agreement, and subsequent $4.5 billion sale of 49.99% of its nuclear generation business to Électricité de France SA.
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Mirant Americas Generation, LLC: One of the lead restructuring partners who represented an ad hoc unsecured bondholder committee in the Chapter 11 cases of Mirant Inc., a leading national energy company. The ad hoc committee held over $900 million of unsecured bond debt of Mirant's principal subsidiary. In the course of this representation, Kirkland negotiated improved terms for the unsecured bondholders under the debtors' plan of reorganization, thereby maximizing recoveries.
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Calpine Corporation: One of the lead restructuring partners in Calpine’s Chapter 11 cases, which involved more than 400 entities and $17 billion of funded debt. The cases commenced on December 20, 2005 and confirmed two years later. At the time of filing, this was the sixth largest Chapter 11 case in history. Calpine operated the largest fleet of natural gas-fired power plants in North America and was the world’s largest producer of renewable geothermal energy, with 25,000 MW of capacity or enough capacity to meet the electricity needs of almost 27 million households or produce approximately 3.5 percent of the electricity consumed in the United States. Calpine operated 92 plants in 21 states in the United States and three provinces in Canada and had interests in five plants under construction, including a plant in Mexico. During the cases, Calpine sold its interests in more than 10 plants, several sets of turbines and various other assets, reducing its outstanding debt by more than $1 billion and generating approximately $1 billion in net sale proceeds. At the outset of the cases, Calpine obtained approval for a $2 billion DIP facility, which was at that time the largest in history and then subsequently obtained approval for a $5 billion replacement DIP facility, which again was the largest ever at the time. A large portion of the proceeds of the replacement DIP repaid (over strenuous creditor objections) higher interest-rate secured debt, which reduced Calpine’s annual debt service obligations by more than $100 million. Finally, the replacement DIP facility included a “rollover” feature that allowed Calpine to convert the DIP facility into exit financing and emerge from Chapter 11 in the midst of a tumultuous credit market that left many other large Chapter 11 debtors stranded in bankruptcy.
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NRG Energy, Inc.: One of the lead restructuring attorneys in NRG's Chapter 11 cases, which involved more than $11 billion in debt. The cases commenced on May 13, 2003 and were confirmed approximately six months later. NRG was the second largest bankruptcy filing in 2003. At the time of filing, NRG owned interests in 180 power generation projects in 29 states in the United States as well as in England, Germany, Australia, Taiwan, India, Bolivia, Brazil and Peru with 36,000 MW of capacity.
Shipping and Other Transportation Restructurings
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Wheels Up Experience Inc.: One of the lead restructuring partners who represented Wheels Up Experience Inc., a provider of on-demand private aviation services, in its strategic partnership with a consortium of investors led by Delta Air Lines, Certares Management LLC, Knighthead Capital Management LLC, and Cox Enterprises. The transaction provided Wheels Up with a new $500 million credit facility through a debt and equity capital raise, and allowed customers to keep all outstanding flight credits. With a greatly enhanced liquidity position, Wheels Up is poised to execute on its business plan.
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Nordic Aviation Capital: One of the lead restructuring partners representing Nordic Aviation Capital Designated Activity Company and its subsidiaries in connection with their prearranged Chapter 11 cases in the U.S. Bankruptcy Court for the Eastern District of Virginia. NAC, an Irish company, is the largest regional aircraft lessor in the world with more than 475 aircraft. With over $7.7 billion of liabilities, NAC was the largest Chapter 11 filing in 2021.
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Horizon Lines, Inc.: One of the lead restructuring partners representing Horizon Lines, Inc. and its subsidiaries, the nation's leading domestic ocean shipping and integrated logistics company, in connection with its successful $652.8 million out-of-court financial restructuring and securities exchange offer that provides the opportunity for significant deleveraging. Horizon owns or leases a fleet of 20 U.S.-flag containerships and operates five port terminals linking the continental United States with Alaska, Hawaii, Guam, Micronesia and Puerto Rico. The company provides express trans-Pacific service between the U.S. West Coast and the ports of Ningbo and Shanghai in China, manages a domestic and overseas service partner network and provides integrated, reliable and cost competitive logistics solutions.
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General Maritime Corporation: One of the lead restructuring partners representing Oaktree Capital Management, L.P. as secured lender and plan sponsor in the acquisition of General Maritime Corporation and its subsidiaries, a leading provider of international energy transportation services with a fleet of 33 ships, in their Chapter 11 cases in the Southern District of New York.
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TORM: One of the lead restructuring partners representing a consortium of charter-in tanker owners of TORM A/S, operator of more than 100 tanker and bulk carriers, in its ongoing restructuring discussions.
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Heartland Automotive: Represented Blackstone Holdings as the chair of the official committee of unsecured creditors.
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Atlantic Express Transportation Corp.: Represented the debtor in its Chapter 11 proceeding.
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Trism Trucking, Inc.: Represented the debtor in its Chapter 11 proceeding.
Real Estate, Hospitality and Gaming Restructuring
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MSR Resort Golf Course LLC: One of the lead partners who represented MSR Resort Golf Course LLC in all aspects of its Chapter 11 reorganization. MSR invested in, owned, and operated five iconic luxury resort properties with related real estate properties and amenities, including: the Grand Wailea Resort Hotel & Spa in Maui, Hawaii; the La Quinta Resort & Club and PGA West in La Quinta, California; the Arizona Biltmore Resort & Spa in Phoenix, Arizona; the Doral Golf Resort & Spa in Miami, Florida; and the Claremont Hotel Club & Spa in Berkeley, California. As of the February 1, 2011 commencement of its Chapter 11 cases, MS Resorts reported approximately $2.2 billion in consolidated assets and $1.9 billion in consolidated liabilities, including a $1 billion securitized mortgage loan and $525 million in aggregate principal of mezzanine loans.
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Capmark Financial Group Inc.: One of the lead partners who represented an ad hoc committee of certain secured term loan lenders in the Chapter 11 cases of Capmark Financial Group, Inc., which was involved in the commercial real estate lending market with more than $10.6 billion of funded debt, including a secured term loan facility of $1.5 billion.
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The Majestic Star Casino: One of the lead restructuring partners for The Majestic Star Casino and its affiliates in their Chapter 11 cases, which involved approximately $650 million of debt obligations. A strong player in the casino industry since 1993, Majestic owns and operates two riverboat casinos in Indiana as well as land-based casinos in Tunica, Mississippi and Black Hawk, Colorado.
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Archstone: One of the lead partners who represented Archstone, a leading national apartment REIT, with more than $10 billion in debt, owned by multiple sponsors, requiring the restructuring of several billion dollars of corporate and real estate-related debt. This out-of-court restructuring included negotiating a debt-to-equity conversion among existing debt and equity holders, the management team, and other stakeholders, while working closely with project-level lenders to ensure the preservation of the company's other debt facilities.
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Spirit: One of the lead partners who represented Spirit, a $4 billion REIT in connection with restructuring activities, including negotiations among equityholders, debtholders and other stakeholders.
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The Resort at Summerlin, Inc.: Represented the official committee of unsecured creditors.
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Epic Resorts, Inc.: Represented the debtor in its Chapter 11 proceeding.
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AMF Bowling Inc.: Represented the debtor in its Chapter 11 proceeding.
Chemical and Mining Restructurings
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Lyondell Chemical Company: One of the lead restructuring partners who represented the ad hoc committee of CAM holders.
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ASARCO LLC: Lead restructuring partner who represented Davidson Kempner and Halcyon in connection with these Chapter 11 cases.
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Avecia Group plc: Lead restructuring partner who represented the ad hoc committee of bondholders.
Media Restructurings
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Mood Media Corporation: One of the lead restructuring partners representing Mood Media Corporation and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court of the Southern District of Texas. Mood Media obtained confirmation of its plan of reorganization in less than 24 hours on July 31, 2020 and emerged from Chapter 11 that same day. Mood Media provides services that aim to create connections between brands and consumers in stores through curated music and other visual and sensory solutions and currently has more than 500,000 subscriber stores in over 100 countries. Pursuant to the prepackaged Chapter 11 plan of reorganization, Mood Media deleveraged its balance sheet by more than $400 million.
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Muzak: One of the lead restructuring partners for Muzak and its affiliates in their Chapter 11 cases, which involved approximately $500 million of debt obligations, commenced on February 10, 2009 and were confirmed on January 12, 2010. A leading provider of business music since 1934, Muzak designs and installs professional sound systems and creates custom on-hold and in-store voice messages for more than 500,000 client locations. Virtually all of Muzak's funded debt obligations matured in the midst of the credit crisis. Unable to refinance its debt obligations, Muzak was forced to file for Chapter 11. In less than one year, Muzak negotiated and implemented a global financial restructuring that cut its debt obligations in half while paying Muzak's secured creditors and trade creditors in full in cash. Muzak's plan of reorganization was unanimously approved by all creditors that were entitled to vote on the plan.
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Tribune Company: One of the lead restructuring partners who represented Warner Bros. Television as co-chair of the official committee of unsecured creditors.
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Penton Business Media Holdings, Inc.: One of the lead restructuring partners who represented Apollo Investment Corporation, BlackRock Kelso Capital Corporation, MidOcean Partners, and Wasserstein Partners in connection with these pre-packaged Chapter 11 cases.
Food and Beverage Restructurings
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Sbarro Inc.: One of the lead restructuring partners who represented Sbarro Inc. in its Chapter 11 cases. Sbarro is the world's premier owner, operator, and franchisor of Italian quick service restaurants and the largest mall-focused restaurant concept in the world, with more than 5,000 employees and 1,000 restaurants in 42 countries. The company is intending to use Chapter 11 to implement a pre-negotiated plan that will reduce its total funded debt by approximately $195 million, from approximately $368 million to approximately $173 million, as well as secure an approximately $30 million equity capital infusion.
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Fleming Packaging Corporation: Represented Arsenal Capital in the acquisition of substantially all of the assets.
Business Services Restructurings
- Acosta, Inc.: One of the lead restructuring partners representing Acosta, Inc., a multinational full-service sales, marketing, and retail merchandising agency with 30,000 employees, serving 1,200 blue chip companies across the globe, in its prepackaged restructuring of $3 billion of indebtedness. Acosta’s Chapter 11 plan was confirmed by the United States Bankruptcy Court for the District of Delaware just 15 days after the bankruptcy filing.
Retail and Manufacturing Restructurings
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Northvolt AB: One of the lead restructuring partners representing Northvolt AB and eight of its affiliates in their Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. Northvolt is a Swedish manufacturer of electric vehicle batteries with a mission to build the world’s greenest battery. As of the petition date, Northvolt had nearly $6 billion in funded debt obligations. Northvolt filed Chapter 11 with commitments of $100 million in new money debtor-in-possession financing from a key customer and access to approximately $145 million in cash collateral from its project finance lenders.
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Rite Aid Corporation: One of the lead restructuring partners representing Rite Aid Corporation (“Rite Aid”) and 119 of its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of New Jersey. Rite Aid entered its Chapter 11 cases with $3.45 billion in debtor-in possession financing. Following months of negotiations including court-ordered mediation with all of Rite Aid’s key stakeholders, as well as several bet-the-company disputes and obtaining an additional $75 million in debtor-in-possession financing later in the cases, Rite Aid was able to delever its balance sheet by approximately $2 billion through a recapitalization transaction with its senior secured noteholders and resolve more than $2.5 billion in pending and threatened litigation. Rite Aid emerged from Chapter 11 on August 30, 2024 with $2.975 billion in committed exit financing, a new go-forward supply contract with McKesson (Rite Aid’s largest vendor and the provider of 98% of Rite Aid’s just-in-time prescriptions), settlement agreements or controlled substance injunctive terms with the Department of Justice and 15 states in which Rite Aid conducts business, and a leaner, more efficient real estate footprint.
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Aearo Technologies LLC: One of the lead restructuring partners representing Aearo Technologies LLC and its debtor affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Indiana. Aearo Technologies is a market leader in the energy control space, providing custom noise, vibration, thermal, and shock protection solutions to the aerospace, commercial vehicle, heavy equipment, and electronics industries. Aearo Technologies and its non-Debtor parent 3M are defendants in the largest multi-district litigation in history, with over 230,000 personal injury claims filed related to certain historical Aearo products.
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Ascena Retail Group, Inc.: One of the lead restructuring partners representing Ascena Retail Group, Inc. and its affiliates in their prearranged Chapter 11 cases in the U.S. Bankruptcy Court of the Eastern District of Virginia. Ascena is a leading specialty retailer for women and girls with a collective of seven brands, including Ann Taylor, LOFT, Lou & Grey, Lane Bryant, Cacique, Catherines, and Justice, and over 2,800 stores, approximately 37,000 employees, and $1.6 billion in funded debt. Ascena filed for Chapter 11 with a restructuring support agreement that proposed to equitize over $1 billion of prepetition term loans and includes $150 million in committed new money DIP-to-exit financing to fund the Debtors’ business in and upon emergence from Chapter 11.
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Toys“R”Us, Inc.: One of the lead restructuring partners representing Toys“R”Us, Inc., the world’s leading dedicated toy and baby products retailer, and certain of its direct and indirect subsidiaries, in their Chapter 11 cases before the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division. The Company’s Canadian subsidiary also filed parallel proceedings under the Companies’ Creditors Arrangement Act (“CCAA”) in the Ontario Superior Court of Justice.
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Barneys New York, Inc.: One of the lead restructuring partners representing Barneys and its affiliates, the iconic luxury retailer and Manhattan staple, in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York.
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Sequa Corporation: One of the lead restructuring partners who represented Sequa Corporation in its successful refinancing and out-of-court restructuring of approximately $1.9 billion of funded indebtedness. Pursuant to the consensual restructuring, Sequa obtained a significant new money investment, its senior credit facilities were refinanced in full, and over 90 percent of its unsecured notes were exchanged for new convertible preferred equity.
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AbitibiBowater: One of the lead restructuring partners who represented the ad hoc committee of senior noteholders.
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Simmons Bedding Company: One of the lead restructuring partners who represented Thomas H. Lee Partner (THL) and certain of their affiliates in their capacity as equityholders, debtholders and members of the Board of Directors of Simmons Bedding Company in connection with Simmons' Chapter 11 cases and pre-packaged plan of reorganization.
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Mark IV Industries, Inc.: One of the lead restructuring partners who represented Sun Capital Partners, Inc. in their capacity as DIP lenders, first and second lien lenders and members of Mark IV's Board of Directors, in connection with these Chapter 11 cases.
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Republic Engineered Products: One of the lead restructuring partners who represented Perry Capital in the acquisition of substantially all of the assets.
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Horsehead Industries: One of the lead restructuring partners who represented Sun Capital in the acquisition of substantially all of the assets.
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Owens Corning Metal Systems: One of the lead restructuring partners who represented Sun Capital in the acquisition of substantially all of the assets.
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Northwestern Steel and Wire Co.: Represented the official committee of unsecured creditors.
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Republic Technologies International LLC: Represented the official committee of unsecured creditors.
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U.S. Gypsum Corporation: Represented the official committee of unsecured creditors.
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AG Industries, Inc.: Represented the debtor in its Chapter 11 proceeding.
Health Care Restructurings
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Envision Healthcare Corp.: One of the lead restructuring partners who represented 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.
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InSight Health Services Holdings Corp: One of the lead restructuring partners who represented InSight Health Services Holdings Corp, a leading provider of diagnostic imaging services, in connection with its pre-packaged Chapter 11 case.
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Leiner Health Products: One of the lead restructuring partners for Leiner Health Products and its affiliates in their Chapter 11 cases, which involved approximately $500 million of debt obligations, commenced on March 10, 2008 and were confirmed on October 15, 2008. A leading manufacturer of store brand vitamins, minerals and nutritional supplements (VMS), Leiner filed for Chapter 11 in the midst of a federal criminal investigation and the very real prospect of administrative insolvency. Within seven months, Leiner reached a plea agreement with the DOJ that resolved all criminal liabilities and facilitated the highly successful sale of substantially all of its assets. The purchase price of $371 million of cash plus the assumption of certain liabilities paid the banks in full and doubled their expected recovery and provided a distribution to general unsecured creditors.
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HealthEssentials: Represented Kinderhook Capital in the acquisition of substantially all of the assets.
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Westchester Medical Center: One of the lead restructuring attorneys who represented Westchester Medical Center, an academic medical center serving 3.5 million people in the seven county Hudson Valley region, southern Connecticut and northern New Jersey, in its financial restructuring efforts, including strategic advice to the board of directors regarding its negotiations with Westchester County and the State of New York.
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Nutritional Sourcing Corporation: Represented the official committee of unsecured creditors.
Telecom and Technology Restructurings
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Appgate, Inc.: One of the lead restructuring partners representing Appgate, Inc. (APGT) and 11 of its subsidiaries (“Appgate”) in their prepackaged Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. Appgate is an industry leader in secure network access, providing an innovative suite of cybersecurity solutions and advisory services to more than 660 leading private enterprises and government agencies around the world. Pursuant to Appgate’s confirmed Chapter 11 plan, Appgate obtained $18 million in additional liquidity, emerged as a private company, and was able to quickly address its unsustainable debt load by entirely deleveraging its balance sheet.
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Cyxtera Technologies Inc.: One of the lead partners representing Cyxtera Technologies Inc. (CYTX) and its affiliates (“Cyxtera”) in their prearranged Chapter 11 cases in the U.S. Bankruptcy Court for the District of New Jersey. Cyxtera is a Nasdaq-traded global leader in data center colocation and interconnection services, providing an innovative suite of connected and intelligently-automated infrastructure and interconnection solutions to more than 2,300 leading enterprises, service providers, and government agencies around the world. Cyxtera filed for Chapter 11 protection in June 2023 with over $1 billion in funded debt obligations and over $1 billion in long-term lease obligations to pursue a sale transaction and/or a recapitalization transaction as contemplated under a Restructuring Support Agreement supported by a supermajority of its existing first lien lenders. Cyxtera also filed with a $200 million committed DIP financing facility provided by certain of its first lien lenders.
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Intelsat S.A.: One of the lead partners representing 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.
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WorldCom, Inc.: Represented Bain Capital in these Chapter 11 cases.
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Adelphia Communications Corporation: Represented the ad hoc committee of non-agent secured lenders.
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Page America Group, Inc.: Represented the debtor in its pre-packaged Chapter 11 case.
Pro Bono
Edward represented the tenants of 737 Riverside Drive in the bankruptcy case of their landlord for which The Legal Aid Society bestowed on him the Outstanding Pro Bono Service Award in 2002.
More
Thought Leadership
Seminars
Interviewer of Keynote Speaker, The 19th Annual Wharton Restructuring and Distressed Investing Conference, New York, NY, February 24, 2023.
Interviewer, The Wharton Restructuring and Distressed Investing Conference, "Keynote Speaker: Eric Zinterhofer, Founding Partner of Searchlight," April 9, 2021.
Interviewer of Keynote Speakers, The Wharton Restructuring and Distressed Investing Conference, February 26, 2016.
Panelist, The Wharton Restructuring and Distressed Investing Conference, “Distressed Hedge Funds,” February 27, 2015.
Panelist, The Wharton Restructuring and Turnaround Conference, "Distressed Hedge Funds," February 22, 2013.
Panelist, The Wharton Restructuring and Turnaround Conference, "Chapter 7-Eleven: The Increasing Use of Asset Sales as a Means of Effectuating a Reorganization," February 17, 2012.
Executive Planning Committee for the Turnaround Management Association’s 2012 Distressed Investing Conference.
Moderator, 18th Annual Beard Group Distressed Investing Conference, "Transportation & Shipping: Investment Tips & Traps," November 28, 2011.
Fifth Annual NYU Stern Private Equity Conference, "Strategies in an Uncertain Market," March 5, 2010 at NYU's Kimmel Center in New York. The Conference provided a forum for industry leaders to discuss various opportunities and challenges created by events that influenced current economic, regulatory, and financial market conditions.
Publications
“In Memoriam: Bankruptcy Judge Burton Lifland,” Law360 (February 19, 2014). Co-authored with James H.M. Sprayregen, Stephen E. Hessler and Aaron R. Slavutin.
Memberships & Affiliations
UJA - Federation of New York
Team Rubicon
Credentials
Admissions & Qualifications
- 2000New York
Courts
- United States Bankruptcy Court for the Southern District of New York
- United States Bankruptcy Court for the Eastern District of New York
Education
- Duke University School of LawJ.D.1998
- Duke UniversityB.A.1995