Mason N. Zurek
Overview
Experience
Representative Matters
Boston Medical Center — Representation of Boston Medical Center, one of the oldest and most renowned nonprofit hospital systems in the U.S. (BMC), in its successful acquisition of two Boston-area safety net hospitals, Good Samaritan and St. Elizabeth’s, from bankrupt Steward Healthcare System LLC. The transaction was approved by the U.S. Bankruptcy Court for the Southern District of Texas and closed on October 1, 2024.
Accuride Corporation — 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.
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.
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. WeWork is prosecuting its Chapter 11 cases pursuant to a restructuring support agreement with holders representing approximately 96% of its secured notes and 100% of its secured letter of credit facility obligations. The agreement provides for the elimination of approximately $3 billion of WeWork’s funded debt and allows WeWork to rationalize its global commercial lease portfolio by rejecting unprofitable locations while reinvesting in its trophy properties.
Benefytt Technologies, Inc. — Representation of Benefytt Technologies, Inc. and certain of its affiliates (“Benefytt”) in their prearranged Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. Benefytt markets and sells Medicare and private health insurance products to individuals, policy administration platforms to insurance carriers, and technology systems to insurance agents. The widely-supported restructuring support agreement (“RSA”) contemplated restructuring approximately $606 million in funded debt. Benefytt consummated the transactions set forth in the RSA and emerged from Chapter 11 on an expedited timeline.
Cyxtera Technologies Inc. — Representation of 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.
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.
URS Parent Corporation — Representation of URS Parent Corporation, a leading vehicle transportation and logistics services provider, and certain of its affiliates in an out-of-court debt exchange and rights offering that eliminated $365 million of outstanding funded debt and raised new capital through an equity rights offering. The company obtained the support of 100% of the company’s lenders and its equity sponsor though a dual-track solicitation process, under which the company simultaneously solicited consents for an out-of-court debt exchange and votes in favor of a prepackaged restructuring.
SiO2 Medical Products, Inc. — Representation of SiO2 Medical Products, Inc. and certain of its affiliates in their prearranged Chapter 11 cases filed in the U.S. Bankruptcy Court for the District of Delaware. SiO2 is a material life sciences company that holds 245 patents, including its flagship technology that combines the best of glass and polymers without the drawbacks of either. SiO2 filed for Chapter 11 with a restructuring support agreement supported by 100% of its first lien lenders. The restructuring support agreement contemplates a $60 million new-money postpetition financing facility and equitization of the first lien lender’s DIP claims and first lien claims in exchange for 100% of the equity of the reorganized company, subject to a marketing process seeking higher and better proposals. The proposed restructuring will reduce the Company’s secured debt by nearly $250 million.
Nordic Aviation Capital — Representation of 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.
Katerra Inc. — Representation of Katerra Inc. and its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Katerra is an innovative and eco-conscious construction company with facilities across the globe that develops, manufactures, and markets products and services in the commercial and residential construction spaces. Katerra commenced its Chapter 11 cases with the goal of facilitating a marketing and sale process for its assets to maximize value and creditor recoveries.
HighPoint Resources Corporation — Representation of HighPoint Resources Corporation and its subsidiaries (NYSE: HPR) in their prepackaged Chapter 11 cases in Delaware. HighPoint is a leading exploration and production company with assets in the Denver-Julesburg Basin in Colorado. HighPoint obtained confirmation of its Chapter 11 plan within 4 days of the Petition Date. The Chapter 11 plan implements a merger with Bonanza Creek Energy, Inc. (NYSE: BCEI) while equitizing approximately $625 million of funded debt. Holders of general unsecured claims are unimpaired and existing equity will receive a recovery.
Clerk & Government Experience
Judicial ExternJudge CarrUnited States Bankruptcy Court for the Southern District of Indiana2019
Judicial ExternJustice SlaughterIndiana Supreme Court2018
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Thought Leadership
Publications
Co-Author, “Securities Exchange Commission Reporting and Chapter 11: Part II” ABI Journal, December 2022
Co-Author, “Securities Exchange Commission Reporting and Chapter 11: Part I” ABI Journal, October 2022
Credentials
Admissions & Qualifications
- 2021Illinois
Education
- Indiana University Maurer School of LawJ.D.cum laude2020Indiana Law Journal
- Wabash CollegeB.A., Rhetoric; History Minormagna cum laude2016