A syndicate of lenders in a $123.5 million term loan acquisition financing to a borrower formed to be an owner and operator of fully integrated environmentally clean bitcoin mining facilities in the United States

Platinum Equity in its acquisition of Pelican Products, a leading designer and manufacturer of high-performance protective cases and rugged gear, and temperature-controlled supply chain solutions for the healthcare industry

InVivo Group in the arrangement of €1.6 billion of financing in connection with its acquisition of Soufflet Group.

HealthEquity in the arrangement of a five-year senior secured $1.35 billion credit facility.

Blackstone Credit in connection with financing for Permira’s approximately $5.8 billion take-private of Mimecast Limited.

Platinum Equity and its portfolio company McGraw Hill in the financing of McGraw

Platinum Equity in its $4.5 billion acquisition of McGraw Hill, a global leader in educational content and digital platforms, from Apollo Funds.

Platinum Equity in its $5.25 billion acquisition of water treatment company Solenis from Clayton, Dubilier & Rice and BASF.

BNP Paribas, Crédit Agricole CIB and Mediobanca on the refinancing of Ramsay Santé’s senior syndicated debt.

Platinum Equity in its $1.7 billion acquisition of Club Car.

Air France KLM on its €4 billion French State measures to recapitalize Air France and its holding company.

Platinum Equity in the financing of its $7.2 billion acquisition of Ingram Micro.

Capital Four in a financing in support of IK Investment Partners' acquisition of Alba Baving Group, a provider of infrastructure cleaning and maintenance services for municipalities and business-to-business customers in Germany.

Genstar Capital and its portfolio company Apex Group in the financing for Apex Group’s acquisition of Banco Modal’s Alternative Fund Administration business in Brazil (MAF).

Genstar Capital and its portfolio company Apex Group in the financing for the acquisition by Apex of FundRock Management Company SA and FundRock Partners Ltd.

Air France-KLM Group and Air France on securing funding of €7 billion to help overcome the COVID-19 crisis.

Financing legal counsel to Platinum Equity in its $2.74 billion acquisition of Cision Ltd.

Pattonair, a Platinum Equity portfolio company, in the financing associated with its agreement to be combined with Wesco Aircraft.

Vatera Healthcare Partners in a $135 million convertible loan facility with Melinta Therapeutics, Inc.

Permira Debt Managers on the financing of the Deltatre group’s acquisition of Massive Inc.

IK Investment Partners and Veritas Petroleum Group on its refinancing, including a $95 million term loan B

Permira Credit Solutions in the financing for Vitruvian Partners’ acquisition of Berlin-based healthcare staffing company doctari.

Brookfield Business Partners in financing related to the acquisition of Westinghouse Electric Company, a market-leading nuclear power service, for approximately $4.6 billion.

Tronox Limited on a $2.15 billion term loan facility and a $550 million asset-based revolving credit facility, together with a senior notes offering

Ardian on the financing aspects of its acquisition of imes-icore

iPayment in connection with its comprehensive refinancing, comprising a $350 million senior secured first lien credit facility

Cerelia on the financing aspects of its acquisition of English Bay Batter

Tronox Limited on the financing-related components of its acquisition of Cristal's titanium dioxide business for $1.673 billion in cash and stock

Schenck Process with respect to €455 million refinancing of existing senior and mezzanine acquisition facilities

3i-backed ATESTEO with respect to €70 million refinancing/recapitalization

Eurazeo on the financing aspects of its CHF 380 million acquisition of Glion Institute of Higher Education and Les Roches International School of Hotel Management

Tikehau on the financing aspects of the acquisition of Cisbio Bioassays by Abenex

Hudson’s Bay Company on its secured $1.9 billion global ABL revolving credit facility

Insight Venture Partners on secured financing for its $624 million acquisition of Diligent Corporation

Time Warner Inc., as guarantor, in Central European Media Enterprises’ (CME’s) new €469 million senior unsecured term credit facility.

GSO Capital Partners, one of the largest credit-focused alternative asset managers in the world and a lending affiliate of The Blackstone Group, in the arrangement of a $550 million second lien secured term loan facility to finance, in part, the acquisition of Belk, Inc. by private equity sponsor Sycamore Partners for approximately $2.7 billion. 

Hudson’s Bay Company, the Canadian owner of Saks Fifth Avenue, Lord & Taylor and other leading department stores, in the financing aspects of its €2.82 billion cross-border deal to acquire German department store chain Galeria Kaufhof, Galeria Inno (Belgian subsidiary) and Sportarena from METRO AG. 

Teva Pharmaceutical Industries Ltd., as borrower, in connection with its $33.75 billion acquisition financing commitment, whereby the lenders have committed to provide Teva (i) up to $27 billion in loans under a senior unsecured Bridge Loan Credit Facility and (ii) up to $6.75 billion in loans under an Equity Bridge Loan Credit Facility.

Level 3 Financing, Inc., as borrower, in the refinancing of its $2.0 billion senior secured Tranche B 2022 Term Loan.

RenaissanceRe Holdings Ltd., as borrower, in a $300 million bridge financing agreement with Barclays Bank PLC in connection with RenaissanceRe’s acquisition of Platinum Underwriters Holdings, Ltd. 

Level 3 Financing, Inc., as borrower, in connection with its $1.2 billion Tranche B-II 2020 Term Loan.

US counsel to Hudson’s Bay Company, as buyer, in connection with its multi-billion dollar financing to acquire Saks Fifth Avenue.

Aquiline Capital Partners LLC and Genstar Capital LLC on all debt financing aspects of their $412.5 million acquisition of Genworth Financial Inc.’s Wealth Management business.

CharterHouse Capital Partners LLP and Elior S.A., as sponsors, in connection with a $210 million secured term loan and revolving credit facility used in connection with its acquisition of TrustHouse Services Holdings, LLC.

Caspian Capital and Davidson Kempner Capital Management LLC, as lenders, in connection with a $75 million senior secured term loan facility secured by special purpose entity assets.

Teva Pharmaceutical Industries Ltd. in its five-year, $3 billion unsecured revolving credit facility.

Aberdeen Asia-Pacific Income Fund, Inc., as Borrower, in connection with a $200 million Term Loan Credit Facility as a part of a larger $600 million financing.

Calvert Street Capital Partners, as sponsor, and IOS/PCI, LLC, as Borrower, in connection with $110 million of financing for its acquisitions of Xxtreme Pipe Services and James Clark Inspections and a related corporate reorganization.

Bank of America as Agent Bank and another financial institution as Joint Lead Arranger for $1.5 billion financing to Host Hotels & Resorts.

Icade in its €1.55 billion 3-tranche club deal with eight banks.

The Bonduelle Group in its 5-year, €300 million revolving credit facility.

Knoll, Inc. and its subsidiaries in connection with the closing of its $450 million amended and restated secured multicurrency credit facility.

Yoplait in the €300 million refinancing of a December 2010 facility which enabled it to acquire leading Canadian dairy producer Liberté.  This financing secured the group’s financing for a three-year period further to the acquisition of a stake in Yoplait by General Mills in July 2011.

Ipsos and its reference shareholder, LT Participations, on all debt financing aspects of its €595 million acquisition of the market research unit (Synovate) of Aegis group plc, including the new €250 million facility.

Cushman & Wakefield Inc. in its $500 million secured multicurrency revolving credit and term loan facility.

Teva Pharmaceutical Industries Ltd. in its $4 billion syndicated credit facilities.

Billions of dollars of loans and high-yield notes for Level 3 Communications Inc., including its $1.75 billion financing commitment in connection with the acquisition of Global Crossing Limited.

Wright Medical Group, Inc. in its $350 million amended and restated credit facility, negotiated in conjunction with its $200 million tender offer for its convertible senior notes.

Bank of America, as administrative agent, in FairPoint Communications’ chapter 11 plan and $1.075 billion exit financing facility, replacing and expanding existing credit lines.

Teva Pharmaceutical Industries Ltd. in its three-year, $1.5 billion unsecured revolving credit facility.

Telcordia, Inc. and its equity sponsors Providence Equity Partners and Warburg Pincus in connection with Telcordia’s sale of $350 million of senior secured second lien notes in the 144A private placement market and its entry into a $580 million senior secured credit facility provided by a syndicate led by Credit Suisse, JPMorgan Chase Bank and Deutsche Bank.  Willkie previously represented the same sponsors in connection with their acquisition of Telcordia.

The Bank of Nova Scotia, as administrative agent, in connection with the $103 million acquisition financing facility for the acquisition of Sport Supply Group, Inc. by ONCAP.

Deutsche Bank, as administrative agent, in connection with the Host Hotels & Resorts, L.P. U.S. and Canadian credit facilities.

Green Tree Credit Solutions, a portfolio company of Centerbridge Partners, in connection with its $380 million senior secured financing led by Deutsche Bank and Credit Suisse.

Fortress Investment Group and Centerbridge Partners in connection with their proposed acquisition of Penn National Gaming and the associated $7 billion syndicated credit facility and bridge financing.

Colony Capital in connection with Station’s approximately $900 million senior secured acquisition financing and $2.475 billion mortgage and mezzanine financing for the buyout of Station by Colony Capital and certain members of Station’s management.

Polypore, Inc. in connection with its approximately $450 million covenant-lite refinancing of its senior credit facilities and initial public offering.  Willkie previously represented Warburg Pincus in connection with its acquisition of Polypore and associated syndicated credit facility and high-yield financing.

Telesat Canada and Loral Space & Communications, Inc. in connection with the approximately $2.0 billion senior secured acquisition financing and $910 million senior and senior subordinated bridge financing for the acquisition of Telesat Canada by Loral and Public Sector Pension Investment Board.

TransDigm, Inc. in its covenant-lite refinancing of its bank facilities and its initial public offering.

Colony Capital and Fairmont Raffles Holdings International in connection with the approximately $4.0 billion senior secured acquisition financing for the acquisition of the Fairmont hotel chain and its merger with the Raffles & Swissotel chains.  Willkie had previously represented Colony and Fairmont in connection with approximately $1.0 billion in acquisition financing for the acquisition of the Raffles and Swissotel hotel chains.  Willkie also represents Fairmont in connection with its amend and extend amendments.

Teva Pharmaceutical Industries in connection with over 2.5 billion of its corporate credit facilities.

Petroleum Geo-Services ASA in connection with over $1.0 billion of its corporate credit facilities.

Bybrook Capital and Morgan Stanley in debt restructuring transactions for DEMA SpA, an Italian aeronautics parts manufacturer, which included Bybrook Capital’s acquisition of a substantial majority of DEMA’s share capital, and in conjunction with Morgan Stanley, funding a new secured €60 million bond.

Rural/Metro Corporation and certain of its affiliates, as borrower and guarantors, in connection with $75mm debtor-in-possession financing with Credit Suisse AG, Cayman Islands Branch, as administrative agent, and other lenders.

Rural/Metro Corporation and certain of its affiliates, as borrower and guarantors, in connection with approximately $400mm exit financing with Credit Suisse AG, Cayman Islands Branch, as administrative agent, and other lenders.

EchoStar Corporation as lender in connection with the $75 million debtor-in-possession financing for TerreStar Networks, Inc. and certain affiliates.

Angiotech Pharmaceuticals, Inc., as debtor-in-possession, in connection with its $28 million cross border debtor-in-possession financing.

The plan/restructuring sponsors in connection with the Keystone Automotive Operations, Inc. $75 million revolving credit facility led by Bank of America, N.A., and $120 million term loan facility led by Goldman Sachs Lending Partners LLC to finance the restructuring of Keystone and its subsidiaries.

A collective of debtor-in-possession lenders to Delphi Automotive in connection with their successful $3.25 billion credit bid for Delphi and the related $1.0 billion post-emergence financing for the reorganized debtor.

Credit Suisse as Administrative Agent for the lenders to Champion Enterprises in connection with Champion’s pre-bankruptcy workout and restructuring, debtor-in-possession financing and emergence following a successful credit bid by a group of secured lenders.

Silver Point Finance in connection with the bankruptcy of Muzak Holdings and its successful credit bid for the assets of Muzak, as well as in its role as second lien administrative agent and a lender under Muzak’s post-emergence credit facilities.

EnviroSolutions, Inc., in connection with its pre-bankruptcy workout and restructuring, bankruptcy filing, debtor-in-possession financing and $115 million first lien/second lien post-emergence financing.

Journal Register, Inc. in connection with its pre-bankruptcy workout and restructuring, bankruptcy filing, debt for equity swap and $305 million first lien/second lien post-emergence financing.

RathGibson, Inc. in connection with its pre-bankruptcy workout and restructuring, bankruptcy filing, debtor-in-possession credit facility and successful emergence from chapter 11.

Greatwide Logistics Services, Inc. in connection with its pre-bankruptcy workout and restructuring, bankruptcy filing, $73.6 million debtor-in-possession credit facility and successful emergence from Chapter 11 via a credit bid by its senior lenders.

CCS Medical, Inc. in connection with its pre-bankruptcy workout and restructuring, bankruptcy filing, debtor-in-possession financing and post-emergence financing.

Willkie represented Lehman Brothers Holdings in multi-billion dollar litigation against RMBS trustees involving allegations of breaches of various representations and warranties. Willkie secured a favorable verdict after a three month bench trial in 2017 and 2018, in which the claims were estimated at the $2.38 billion amount sought by Lehman. The decision resolved the long-running and complex dispute related to more than 90,000 individual mortgage loans issued prior to LBHI’s 2008 bankruptcy.

Willkie obtained a substantial victory on behalf of our client Merrill Lynch in DKR Soundshore Oasis Holding Fund Ltd. v. Merrill Lynch International and Merrill Lynch & Co., Inc., No. 650327/09, which created new law in the area of credit default swaps and the interpretation of ISDA form documents.

Willkie’s representation of a participant in connection with issues arising from its purchase of a participation in a loan made to Empresas Cablevisión, S.A.B. de C.V. from JPMorgan Chase Bank, N.A.

Willkie successfully defended Credit Suisse AG, Cayman Island Branch in a fraudulent conveyance and lender liability action brought in the United States Bankruptcy Court for the District of Delaware by the Official Committee of Unsecured Creditors of Champion Enterprises, a leading U.S. manufacturer of prefabricated housing and other real estate structures. The central issue that was tried was plaintiff’s claim that Credit Suisse, as Administrative Agent to the group of Champion’s lenders, breached a $187 million Credit Agreement by assigning Champion’s debt to an entity, MAK Capital Fund LP, without Champion’s prior consent as required under the Agreement.  Plaintiffs allege that this breach of the Credit Agreement by Credit Suisse triggered the acts that ultimately led to Champion’s eventual bankruptcy filing and resulted in approximately $100 million in damages to the group of unsecured creditors.  In an 81-page decision, the Court found that Champion’s breach of contract claims failed as a matter of fact and law.  The court found that: 1) based on its own counsels’ advice, Champion itself eventually recognized MAK Capital’s status as a Lender well before the bankruptcy filing; 2) Champion knowingly released claims relating to the alleged breach in an amendment to the Credit Agreement, rejecting the assertion that the release was secured through coercion; 3) plaintiff failed to offer any competent evidence that the alleged breach caused Champion or plaintiff to suffer any damages; and 4) plaintiff’s expert failed to prove the existence of any non-speculative damages whatsoever, having offered subjective estimates of value that were based on untested, unverified and unreliable projections.