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Brian E. Greer has substantial experience representing creditors, debtors and equity investors in cross-border and domestic restructuring matters, both in and out of court. He guides clients through complex restructurings, liability management transactions, bankruptcies, liquidations and other stressed or distressed situations. Brian also regularly helps clients capitalize on opportunities as purchasers, sellers, and lenders in distressed mergers and acquisitions (M&A) transactions.

Brian’s clients include hedge funds, private equity funds, asset managers, insurers, securitization servicers, debt issuers, equity sponsors and directors. His award-winning practice spans a wide range of industries, including hospitality, financial services, health care, gaming, construction, energy, manufacturing, pharmaceuticals, restaurants, IT consulting, life sciences, chemicals, automotive and retail.

Brian is recognized by IFLR 1000 as “Highly Regarded” for restructuring and insolvency and by the Legal 500 United States as a leading restructuring attorney. In addition, he worked on a deal recognized by The American Lawyer as Global Finance Deal of the Year, as well as deals recognized by M&A Advisors as Deal of the Year in the (US $100 million to $500 million) category and M&A Advisors as Industrials Deal of the Year (over US $100 million).

Concentrations

  • Restructuring, insolvency, and bankruptcy
  • Creditor and ad hoc committee representations
  • Liability management transactions
  • Debtor representations
  • Distressed M&A and debt trading

Capacidades

Experiencia

  • Representation of a technology leader in 5G mobile and fixed wireless solutions for mobile network operators in executing liability management transaction to reduce total debt through a series of restructuring transactions.
  • Represented private equity sponsor in a liability management transaction which maximized liquidity for the portfolio company by providing sufficient capital for accretive growth.
  • Represented first lien bondholder group with claims in excess of $400mm in connection with the restructuring of Brazos Electric.
  • Representation of Latin American airline in connection with its restructuring.
  • Represented term lender with claims in excess of $100mm in connection with the restructuring of Armstrong Flooding, Inc.
  • Represented first lien bondholder group in connection with the restructuring of over $100 million in debt obligations of an environmental construction business that was accomplished through a consensual strict foreclosure under Article 9 of the Uniform Commercial Code and that achieved the elimination of all subordinated debt, the conversion of first lien bondholder debt into all of the equity of the acquired business and new first and second lien debt against the acquired business, the continued support of the company’s surety bond providers without any disruption in bonding lines or increase in bonding or collateral requirements and no impairment to the company’s ongoing business operations.
  • Representation of Ad Hoc First Lien Convertible Bondholder Group with claims in excess of $80 million in connection with the restructuring of Atlas Mara Limited, a BVI bank holding company listed on the London Stock Exchange. The Convertible Bonds are governed by English law and are secured by shares of Union Bank of Nigeria under Nigerian trusts.
  • Representation of Ad Hoc First Lien Noteholder Group with claims in excess of $127 million in a confidential cross-border infrastructure matter.°
  • Represented bondholders in take-private transaction through a debt for equity swap under a prepackaged plan in bankruptcy. The plan was unique in that it approved one-off settlements with each of 14,000 shareholders through lack of objection and a settlement with directors and officers that waived potential indemnity claims.°
  • Represented bidders for various hotels in the Eagle Hospitality portfolio under section 363 of the Bankruptcy Code.°
  • Represented Mezzanine lender in connection with the foreclosure of a premier NY hotel.°
  • Represented Standard Chartered Bank as a secured creditor in the first-ever successful Chapter 11 restructuring of a Middle Eastern financial institution, Arcapita Bank B.S.C.(c.), a Bahraini Shari’ah-compliance investment bank. The case involved the restructuring of more than US $1.3 billion in Shari’ah compliant debt.°
  • Represented a public health care company with over 500 facilities and revenue exceeding US $1 billion in connection with its out-of-court restructuring.°
  • Representation of the Ad Hoc First Lien Noteholder Group in connection with the cross-border restructuring of Global A&T Electronics Ltd and its affiliates with claims of approximately $255 million. Clients received approximately 89.2% recovery in the form of new secured notes and cash.°
  • Representation of the Ad Hoc Second Lien Noteholder Group with claims of approximately $400mm against Modular Space Corporation and its affiliates. The Notes were exchanged for 31.21% of the equity in the reorganized company (the “Reorganized Equity”), plus rights to participate in a rights offering for an additional 62.66% of the Reorganized Equity. Selected by Turnarounds & Workouts for its “Successful Restructurings” list and named ‘Industrials Deal of the Year’ for deals over $100mm at The M&A Advisor’s Turnaround Awards.°
  • Representation of Ad Hoc Second Lien Noteholder Group with claims of approximately $83mm of $378mm against Logan’s Roadhouse and its affiliates. The comprehensive restructuring, which was overwhelmingly supported by all creditor constituencies restructured Logan’s balance sheet to reduce its debt from approximately $400mm to just over $100mm.°
  • Represented Wells Fargo, as special servicer, to a special-purpose subsidiary of Toys "R" Us, Inc., with servicing claims of approximately US $500 million.°
  • Represented the indenture trustee and first lien ad hoc noteholder group with respect to claims of approximately US $1.1 billion issued by Momentive Performance Materials, Inc., under the Momentive first lien indenture.°
  • Represented Egalet Corporation in connection with its prepackaged chapter 11 case, achieving a debt for equity exchange and a novel substantial acquisition, effective upon confirmation.°
  • Represented GIC Re, a Government of Singapore investment vehicle, in the restructuring of approximately US $300 million of mezzanine loans relating to the MSR portfolio, resulting in GIC Re’s purchase of five hotels for approximately US $1B (including credit bid).°
  • Represented Lehman Brothers in more than US $300 million in first-lien mortgage claims against the Innkeepers portfolio, achieving payment in full through the sale of collateral.°
  • Represented Emtec, Inc., in its out-of-court restructuring of more than US $75 million in first-lien term debt.°
  • Served as global counsel to Arclin US Holdings, Inc., Arclin Canada Ltd., and their affiliates, manufacturers of adhesive resins and overlay products utilized in construction, furniture, industrial, and automotive applications, in the restructuring of US $235 million in total funded secured debt and the chapter 11 cases of Arclin US Holdings, Inc., and its domestic subsidiaries.°
  • Represented the outside directors of Lehman Brothers Holdings, Inc., in Lehman’s chapter 11 cases.°

°The above representations were handled by Mr. Greer prior to his joining Greenberg Traurig, LLP.

Reconocimientos y Liderazgo

  • Listed, The Legal 500 United States, Restructuring
  • Listed, IFLR1000, “Highly Regarded – Restructuring and Insolvency”
  • Team Member, The M&A Advisor, “Deal of the Year (US $100 million to $500 million)”
  • Team Member, The M&A Advisor, “Industrials Deal of the Year (over US $100 million)”
  • Team Member, The American Lawyer, “Global Finance Deal of the Year, Restructuring and Insolvency, Middle East”
  • Team Member, The American Lawyer, “Grand Prize, Global Finance Deal of the Year”
  • Member, American Bankruptcy Institute
    • Committee Member, Bankruptcy Remote Entities
  • Member, INSOL
  • Member, Turnaround Management Association
  • Member, UJA
    • Member, Next Generation Committee
  • Mentor, NJ Leep

Credenciales

Educación
  • J.D., Maurice A. Deane School of Law at Hofstra University
    • Research Editor, Hofstra Law Review
  • B.A., State University of New York at Stony Brook
Con licencia para ejercer en
  • Nueva York

Related Capabilities

Reestructuras e Insolvencias Mercado de Capitales Fusiones y Adquisiciones Finance Corporativo Práctica Latinoamericana Health Care & FDA Practice