Overview
Alison Wirtz is a restructuring partner in the Chicago office of Kirkland & Ellis LLP. She concentrates her practice on all aspects of corporate restructuring, bankruptcy and insolvency proceedings.
Experience
Representative Matters
Maxeon Solar Technologies, Ltd. — Representation of Maxeon Solar Technologies, Ltd. (NASDAQ: MAXN), a leading manufacturer of premium solar technology based in Singapore, on a comprehensive restructuring of its capital structure and infusion of up to $200 million in new financing in a deal supported by a significant number of the company’s key stakeholders. Per the terms of the transaction, Maxeon’s largest shareholder and secured lender, TCL Zhonghuan Renewable Energy Technology Co. Ltd. (“TZE”) will purchase $97.5 million in new super senior secured convertible notes due in 2027 and make a $100 million equity investment upon receipt of certain regulatory approvals. The holders of the company’s 2025 unsecured convertible notes will exchange their notes into $200 million in new second lien convertible bonds due in 2028, $137.2 million of which must be converted into equity upon TZE's equity investment. The transaction materially reduces the company’s funded debt and provides the company with liquidity for its working capital requirements and strategic investments while remaining a public company.
PGX Holdings, Inc. — Representation of PGX Holdings, Inc. and 11 of its affiliates (collectively, “PGX”) along with their associated law firm known as Lexington Law Firm (together with PGX, the “Debtors”) in their prearranged Chapter 11 cases filed in the U.S. Bankruptcy Court for the District of Delaware filed on June 4, 2023. The Debtors provide credit repair services and credit monitoring to approximately 130,000 customers. The Debtors had approximately $423 million of funded debt and were defendants in a lawsuit by the U.S. Consumer Financial Protection Bureau (the “CFPB”) seeking monetary damages in excess of $2.7 billion. Through the Chapter 11 cases, the Debtors raised $19.925 million in new-money debtor-in-possession financing, entered into two stalking horse purchase agreements (one for PGX and one for Lexington Law), conducted a comprehensive marketing process, negotiated a global settlement with the official committee of unsecured creditors, and settled their lawsuit with the CFPB. On September 28, 2023, the Debtors consummated two sale transactions by which the Debtors sold substantially all of their assets as a going concern to their stalking horse bidders.
QualTek Services Inc. — Representation of QualTek Services Inc. and its subsidiaries in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. QualTek is a provider of infrastructure services and renewable energy project solutions to the North American telecommunications and power industries. With Kirkland’s assistance, QualTek’s fully consensual comprehensive restructuring will reduce the company’s total debt by nearly half, from approximately $625 million to approximately $318 million, substantially increase QualTek’s cash on hand, and strengthen its liquidity position.
Celsius Network LLC — 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.
PSS Industrial Group — Representation of Prowler Super Holding Corp. and its subsidiaries (PSS Industrial Group), an oilfield services provider and value-added distributor in the energy and industrial industries, in connection with its out-of-court restructuring, including a complete deleveraging of over $320 million in funded debt through a UCC Article 9 foreclosure and a $55 million new money equity rights offering to fund future business growth. The consummated transaction contemplates payment in full of all vendors, suppliers and other business partners and uninterrupted fulfillment of all customer obligations.
The Hertz Corporation — Representation of Knighthead Capital Management, LLC and Certares Opportunities LLC in their successful $5.916 billion purchase of Hertz, one of the largest car rental companies in the world, out of its Chapter 11 cases, following a multi-month competitive auction. The transaction resulted in a recovery to existing equityholders of more than $8.00 per share, payment in full to all creditors, and an implied plan enterprise value of $6.929 billion.
Frontera Generation Holdings LLC — Representation of Frontera Generation Holdings LLC and five of its affiliates in their prearranged Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. Frontera owns and operates the only U.S.-based power plant that sells all of its 526MW/year power production to the Mexican wholesale market. The restructuring, which had nearly-universal lender support, enabled Frontera to obtain $70 million of new liquidity through a DIP-to-exit facility, slash more than $850 million of its $944 million debt load, and pay its trade claims in full.
Arena Energy, L.P. — Representation of Arena Energy, L.P., which filed a prepackaged Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of Texas to pursue a sale of its assets as a going-concern. The sale — which is supported by Arena’s first-lien revolving lenders and second-lien term lenders — will restructure more than $1 billion in funded indebtedness and address over $500 million of plugging and abandonment liabilities.
Technicolor S.A. — Representation of Technicolor S.A. (“Technicolor”), a Paris-based global leader in content creation to distribution for Hollywood studios, independent filmmakers, music producers, and video game and software developers in its Chapter 15 proceeding pending before the United States Bankruptcy Court for the Southern District of Texas. The Chapter 15 proceeding is part of a comprehensive restructuring strategy to raise €420 million in new financing and refinance Technicolor’s existing $477.8 million and €977 million of funded debt through an accelerated financial safeguard proceeding under French law. Technicolor and its subsidiaries together employ more than 14,000 artists, experts, engineers, and innovators operating in 27 key media markets worldwide, including the United States, Canada, France, and the United Kingdom.
PGX Holdings, Inc. — Representation of PGX Holdings, Inc. and its subsidiaries (“PGX”), a leading credit-repair service provider, in an out-of-court restructuring transaction that extended the maturity of PGX’s funded debt by three years, raised new capital, and maintained the equity stake of its sponsor. This amend-and-extend transaction was executed with 100% lender consent and will give PGX runway to navigate uncertainties concerning general macroeconomic trends and ongoing high-stakes litigation.
Dura Automotive Systems, LLC — Representation of Dura Automotive Systems, LLC and certain of its subsidiaries (“Dura”), a leading independent designer and manufacturer of automotive systems, including mechatronic systems, exterior systems, and lightweight structural systems, in their Chapter 11 cases. As of its Chapter 11 filing, Dura and its affiliates had operations in thirteen countries with sales from its three main product segments generating approximately $1.1 billion in 2018.
Hollander Sleep Products, LLC — Representation of Hollander Sleep Products, LLC and certain of its affiliates, a leading bedding products manufacturer and wholesaler, specializing in pillows, comforters, mattress pads and foam products, in connection with their prearranged Chapter 11 restructuring in the United States Bankruptcy Court for the Southern District of New York.
Ditech Holding Corporation — Representation of an ad hoc committee of secured term loan lenders in the Chapter 11 cases of Ditech Holding Corporation in the United States Bankruptcy Court for the Southern District of New York. Ditech was one of the nation’s largest mortgage servicers and ultimately addressed more than $2 billion in debt obligations through a number of court-approved sale transactions.
Cobalt International Energy, Inc. — Representation of Cobalt International Energy, Inc., and its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Cobalt was an independent offshore exploration and production company with assets in the deepwater U.S. Gulf of Mexico and offshore West Africa with approximately $2.8 billion of funded indebtedness. Cobalt entered Chapter 11 to complete a sale of all or substantially all of its oil and gas assets and, after an auction, received winning bids for an aggregate purchase price of approximately $580 million. Cobalt also successfully settled arbitration regarding a failed sale of its Angola assets for approximately $500 million. After a hotly contested plan process, the bankruptcy court confirmed Cobalt’s Chapter 11 plan in April 2018.
Toys“R”Us, Inc. ― Representation of Toys “R” Us, Inc. and several of its direct and indirect subsidiaries in one of the largest ever retail Chapter 11 filings in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division. Following implementation of a strategy to effect a successful wind-down of operations in the United States and going concern sales and/or reorganizations of operations throughout the world, including Asia, led efforts to construct and implement global settlement agreements amongst all stakeholders and five distinct Chapter 11 plans.
Prior Experience
Skadden, Arps, Slate, Meagher & Flom LLP, Summer 2015; 2016–2017
Gerchen Keller Capital, LLC, Summer 2014; 2014–2016
NERA Economic Consulting, 2010–2013
More
Thought Leadership
Speaking Engagements
“The Great Debates: The Role of the Examiner,” ABI Central States Bankruptcy Workshop, Chicago, IL, June 18, 2024
“Where in the World is the Global Economy and Restructuring Profession Heading?” 21st Annual IWIRC Spring Conference, Washington, D.C., April 18, 2024
Publications
Contributing Editor, Norton Journal of Bankruptcy Law & Practice
Comment, “Bilateral Investment Treaties, Holdout Investors, and Their Impact on Grenada’s Sovereign Debt Crisis,” 16 Chi. J. Int’l L. 249 (2015)
Credentials
Admissions & Qualifications
- 2016Illinois
Courts
- United States District Court for the Northern District of Illinois
Education
- University of Chicago Law SchoolJ.D.2016
Staff Member, Chicago Journal of International Law
Doctoroff Business Leadership Program
- University of ChicagoB.A., Economics & Law, Letters, and Society2010
General Honors