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NEAL, GERBER & EISENBERG LLP Two North LaSalle Street, Suite 1700 Chicago, Illinois 60602 Phone: 312.269.8000 Fax: 312.269.1747 www.nge.com FINANCIAL RESTRUCTURING & BANKRUPTCY

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Page 1: Financial RestRuctuRing & BankRuptcy - nge. · PDF fileFinancial RestRuctuRing & BankRuptcy. They are outstanding in every way, providing good, thoughtful ... to formal reorganization

NEAL, GERBER & EISENBERG LLPTwo North LaSalle Street, Suite 1700Chicago, Illinois 60602Phone: 312.269.8000 Fax: 312.269.1747www.nge.com

FINANCIAL RESTRUCTURING & BANKRUPTCY

Page 2: Financial RestRuctuRing & BankRuptcy - nge. · PDF fileFinancial RestRuctuRing & BankRuptcy. They are outstanding in every way, providing good, thoughtful ... to formal reorganization

They are outstanding in every

way, providing good, thoughtful

counsel, and are exceptionally

responsive to our requests and

creative in their work.

” - U.S. News “Best Law Firms”

Neal Gerber Eisenberg is a Chicago-based

law firm whose attorneys share a culture

of teamwork and devotion to personalized

client service to advance our clients’ business

interests. Our attorneys provide legal business

solutions to public and private entities of all

types—including Fortune 100 companies,

financial institutions, nonprofits and high net

worth individuals—in connection with domestic

and global business transactions and litigation.

Our full service firm is large enough to handle

nearly any legal matter throughout the world,

yet small enough that clients personally know

the attorneys accountable to their matters.

OVERVIEW

Page 3: Financial RestRuctuRing & BankRuptcy - nge. · PDF fileFinancial RestRuctuRing & BankRuptcy. They are outstanding in every way, providing good, thoughtful ... to formal reorganization

Neal, Gerber & Eisenberg LLP’s award-winning financial restructuring and bankruptcy practice has played leading roles in nationally significant restructurings of public and private companies across the country. We represent lenders, creditors, committees and financially distressed companies in the full range of insolvency matters, from out-of-court restructurings to formal reorganization and liquidation proceedings.

The Turnaround Management Association (TMA) presented our restructuring practice with its 2013 Small Company Turnaround of the Year Award. The award honors and recognizes individuals who have “orchestrated the most successful turnaround” in a company with revenue of up to $50 million by establishing effective operations, implementing solid management, improving cash flow and increasing production. The practice also won TMA’s 2010 Mid-Size Transaction of the Year Award. The award honors and recognizes professionals who led transactions that, according to the TMA, “rescued companies from the shadow of complete ruin.” In addition, Chambers USA labeled the practice as a leader, reporting that “its experience in out-of-court restructurings, reorganizations and liquidation has gained it respect from peers and admiration from clients.” U.S.News-Best Lawyers’ 2018 Best Law Firms survey also ranked the practice among the best in the nation.

Our attorneys generate success for clients by bringing a business-oriented and bottom-line approach to each situation, enabling us to meet each client’s unique objectives and expectations. This approach is enhanced by years of achieving favorable legal solutions to challenging engagements across many sectors, including the airline, automotive, steel, financial services, gaming, real estate, retail, media and technology industries.

The firm’s practice and experience includes the representation of:

� Debtors

� Secured creditors

� Unsecured creditors and creditors’ committees

� Bondholders

� Directors and officers

� Lessors

� Asset purchasers

� Franchisors

� Trustees

� Assignees for the benefit of creditors

� Equity holders

� Receivers

FINANCIAL RESTRUCTURING & BANKRUPTCY

Our attorneys generate

success for clients by

bringing a business-oriented

and bottom-line approach

to each situation, enabling

us to meet each client’s

unique objectives and

surpass its expectations.

Page 4: Financial RestRuctuRing & BankRuptcy - nge. · PDF fileFinancial RestRuctuRing & BankRuptcy. They are outstanding in every way, providing good, thoughtful ... to formal reorganization

DEBTORS & COMPANY REPRESENTATIONRepresenting Chapter 11 debtors and trustees requires a thorough understanding of the entire bankruptcy process, the ability to balance the interests of secured and unsecured creditors in order to reach a consensus and the experience to resolve a case expeditiously and economically.

For the insolvency professionals at Neal Gerber Eisenberg, the successful representation of debtors and trustees means quickly achieving a meaningful distribution to creditors while curtailing excessive administrative costs. We have represented debtors and trustees in the manufacturing, media, retail, steel, automotive, lumber, apparel, transportation, air ambulance, broadband communications and service industries. Our representations include Morris Publishing Group, LLC, R&M Aviation, Inc., DBA AeroCare Medical Transport System, Inc., National Steel, ASAP Mail Service, M. Hyman Big and Tall and M Rothschild.

CREDITORS’ COMMITTEES A creditors’ committee is not just the voice of a bankrupt company’s unsecured creditors but is also the watchdog over the debtor. Successfully representing a creditors’ committee requires the ability to be both friend and foe to the debtor—a skill we have perfected over more than 20 years.

Our recent committee representations have resulted in substantial cash recoveries for creditors in the steel, manufacturing, retail and high-technology industries. Our official creditors’ committee representations have included Amerex Environmental Services, Inc., EuroPlast LTD., Ha-Lo Industries, Inc., United Model Distributors, Inc., Galt Toys, Inc., Corus Bankshares, Inc., SK Hand Tool Corporation, Hartmarx Corporation, Office 1 Superstores, Ganton Technologies LLC, BX Acquisitions, Inc., Xpedior and Sentinel Management.

We are also representing an Ad Hoc Committee of First Lien Noteholders in the jointly administered Caesars bankruptcy cases.

OUT-OF-COURT WORKOUTS & RESTRUCTURINGSLiquidating substantial portions of distressed business assets often maximizes distributions to an insolvent firm’s creditors. Given the precarious and often time-sensitive nature of such liquidations, buyers of insolvent firms are best served by experienced counsel knowl-edgeable in the issues unique to distressed transactions. We regularly represent both buyers of assets and operating businesses in out-of-court workouts and restructurings and in formal insolvency proceedings, section 363 sales and sales pursuant to confirmed plans of reorganization under the Bankruptcy Code. Representative cases include Braniff Airlines, National Steel, Integrated Resources, Inc., PanAm Airlines, Comdisco, Integrated Plastic Technologies, Inc., Clubhouse Restaurants, Dietzgen Corp., Chiasso, Inc., Dynagear, Inc., Mastercasters, Inc., Triumph Packaging, Jackson Precision Die Casting Inc., Forest Financial, Prime Leasing and MS Distributors.

Acquiring or disposing of assets from a financially distressed or Chapter 11 seller requires a multidisciplinary legal team. With practices focusing on tax, real estate, intellectual property, corporate and labor law, among other areas, Neal Gerber Eisenberg is optimally positioned to assist in such transactions.

Together, we have developed strategies that maximize value and control buyers’ risks in the volatile environment of bankruptcy acquisitions. Our attorneys have represented purchasers of the assets of distressed airlines, hotels, health care facilities, financial services companies, medical equipment suppliers, manufacturers and automotive suppliers.

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Since they have experts in other

fields, such as labor, they can offer

a well-rounded strategy. They move

quickly and efficiently.

- Chambers USA

“”

SECURED LENDERSNeal Gerber Eisenberg actively represents financial institutions, funds, and other secured creditors in Chapter 11 cases, out-of-court workouts and foreclosures. Our representation of secured creditors includes:

� Debtor-in-possession financing and cash collateral issues

� Litigating relief from the automatic stay and plan confirmation issues

� Selling collateral under Article 9 of the Uniform Commercial Code or section 363 of the Bankruptcy Code

� Workouts and restructurings

� Prosecuting foreclosure actions and suits against guarantors

� Developing strategies and alternatives for dealing with financially troubled companies

� Advising on lender liability issues

� Defeating a borrower-debtor’s proposed plan of reorganization

� Confirming a creditor’s plan of reorganization

BANKRUPTCY LITIGATIONOur attorneys have served as principal counsel in several leading reported decisions concerning equitable subordination, fraudulent transfers, indubitable equivalence and the Code section 1111(b) election, creditor standing, lender liability, substantive consolidation, constructive trusts, lien rights, administrative claims, “bad faith” filings and other major issues defining the scope of debtors’ and creditors’ rights.

Bankruptcy/Restructuring

LATEST RANKINGS

Bankruptcy and Creditor Debtor Rights / Insolvency and

Reorganization Law Litigation - Bankruptcy

Page 6: Financial RestRuctuRing & BankRuptcy - nge. · PDF fileFinancial RestRuctuRing & BankRuptcy. They are outstanding in every way, providing good, thoughtful ... to formal reorganization

REPRESENTATIVE FIRM CLIENTS

Neal, Gerber & Eisenberg LLP | Two North LaSalle Street, Suite 1700, Chicago, Illinois 60602 | 312.269.8000 | www.nge.com

DIVERSITY & INCLUSIONThe firm encourages its attorneys and staff to recognize the value of diversity and inclusion in creating a better work environment and a stronger firm. We recognize that diversity and inclusion is a vital component of our culture, identity, planning and overall wellbeing. By embracing diversity, we reflect what is great about our community and society at large, promote creativity, opportunity and professional development, and best serve our clients. We also support organizations with a like-minded commitment to improving diversity and fostering inclusion within the legal profession.

PRO BONOPro bono work has always been a cornerstone of the firm’s mission. The benefits of giving back to the community are many, not only for those we serve, but also for our attorneys. Public service makes us better, more well-rounded lawyers, permitting us to step beyond our day-to-day practices, sharpen and extend our legal skills, and increase our engagement with all segments of society. We provide pro bono service to arts organizations, programs for the disabled, schools, churches and synagogues, family service organizations, and low-income residents.

SUSTAINABILITYWe recognize that “sustainability” entails economic, social and environmental responsibility. It is about fostering respect for people and other living things, while also acting as responsible stewards of environmental and economic resources. This careful balance accounts for the interests of all key stakeholders – our partners, associates, employees and clients.

� AbbVie

� ArcelorMittal USA LLC

� Citigroup Global Markets Inc.

� Euromarket Designs Inc. (Crate & Barrel)

� Eby-Brown Company, LLC

� Equity Residential

� Grant Thornton LLP

� Hyatt Corporation

� IGT

� Illinois Tool Works

� LNV Corp.

� Marcus Lemonis LLC

� Match.com, L.L.C.

� Morgan Stanley Smith Barney

� NIBE Industrier AB

� Northern Trust

� Polaroid

� SBE Entertainment

� TransUnion LLC

� United Healthcare

� United Parcel Service

� Viceroy Hotel Group

� Waste Management, Inc.