William A.Herzberger (Will)

Partner

Cleveland + 1.216.586.7082

Will Herzberger has more than 30 years of experience advising clients on complex commercial, industrial, mining, and multifamily real estate transactions. His experience includes real estate finance, real estate assets in bankruptcy/distress business cases, and advising on the structure and formation of entities for real estate-related activities. Will leads the Real Estate Practice in Jones Day's Cleveland Office and is the Cleveland Office coordinator for Pro Bono and Public Service Activities.

Will advised the Cleveland Clinic in connection with its politically charged redevelopment of a regional hospital into a new $35 million Family Health Center. He also advised top level ownership of a national multifamily housing developer to anticipate a future succession of management to the next generation of family ownership. Will's distressed real estate experience includes advising Chrysler LLC with respect to the disposition of real estate assets in bankruptcy; assisting International Steel Group on its acquisitions of bankrupt Acme Steel, Bethlehem Steel, Georgetown Steel, and Weirton Steel; and advising National City Bank on a bulk disposition program of hundreds of foreclosed (real estate owned [REO]) properties. He also has significant experience coordinating real estate aspects of M&A transactions for both strategic and financial purchasers and represents industrial and office facility tenants in leasing transactions.

Will serves as chair of the board of directors for a community-based nonprofit hospice provider, Hospice of the Western Reserve (the sixth largest nonprofit hospice in the United States and largest hospice in Ohio), and serves on the board of an affiliate of The Legal Aid Society of Cleveland.

Erfahrung

  • Diebold Nixdorf obtains $200 million super-priority senior secured revolving credit facilityJones Day represented Diebold Nixdorf, Incorporated, a multinational financial and retail technology company that specializes in the sale, manufacture, installation, and service of self-service transaction systems (such as ATMs and currency processing systems), point-of-sale terminals, physical security products, and software and related services for global financial, retail, and commercial markets, and certain of its domestic subsidiaries in obtaining a $200 million super-priority senior secured revolving credit facility.
  • Kinzie Capital acquires Arctic IndustriesJones Day represented Kinzie Capital Partners LP, a Chicago-based private equity firm, in the acquisition and financing of Arctic Industries, a leading manufacturer of commercial grade walk-in coolers and freezers.
  • Peabody Energy obtains $320 million revolving credit facilityJones Day represented Peabody Energy Corporation in connection with the establishment of a $320 million revolving credit facility with PNC Bank, National Association, as administrative agent.
  • SingTel sells Trustwave to The Chertoff GroupJones Day represented Singapore Telecommunications Limited, southeast Asia’s largest telecommunications company, in the sale of Trustwave, a cyber security and managed security services business, to funds affiliated with The Chertoff Group for $205 million. In connection with the sale of Trustwave, Jones Day represented SingTel, as lender, in connection with a unique $195 million senior secured term loan and $40 million unsecured multiple draw term loan facility provided to Trustwave.
  • Baird Capital portfolio company acquires Velocity Dynamics, LLCJones Day represented Baird Capital in the acquisition by portfolio company Cleanwater1, Inc. of Velocity Dynamics, LLC, a leading solutions provider of branded, proprietary dry and liquid feed systems for the optimization of chemistry in water and wastewater utilities and industrial plants.
  • Signature Aviation acquires MeridianJones Day advised Signature Aviation in the acquisition of Meridian, an award-winning private aviation company with bases in Teterboro, NJ (TEB) and Hayward, CA (HWD).
  • Swander Pace Capital sells Patriot Pickle to H.I.G. CapitalJones Day advised Swander Pace Capital in the sale of Patriot Pickle, a manufacturer and distributor of high-quality refrigerated pickles across the United States to restaurant chains, supermarkets, and delis, to an affiliate of H.I.G. Capital.
  • Riverside portfolio company acquires busybusy, Inc.Jones Day represented The Riverside Company in connection with the acquisition and financing by portfolio company ToolWatch of busybusy, Inc., developer of the popular time tracking software for construction and other remote industries.
  • EagleTree Capital acquires Summit Hill FoodsJones Day advised EagleTree Capital in the acquisition and financing of Summit Hill Foods, Inc., a leading branded food company producing nationally recognized, premium brands, including Better Than Bouillon and The Original Louisiana Hot Sauce.
  • TransDigm completes $1 billion Senior Secured Notes offering and $1 billion incremental term loanJones Day represented TransDigm Group Incorporated (“TransDigm Group”), a leading global designer, producer and supplier of highly engineered aircraft components, in connection with the Rule 144A and Regulation S offering by TransDigm Inc., its wholly-owned subsidiary, of $1 billion aggregate principal amount of 7.125% Senior Secured Notes due 2031 (the “Notes”).
  • Blue Point Capital Partners portfolio company acquires Environmental Concepts & Services (ECS)Jones Day advised Blue Point Capital Partners in connection with the acquisition and financing by portfolio company TAS Environmental Services (TAS) of Environmental Concepts & Services (ECS), a specialized provider of waste transportation, non-hazardous waste treatment and disposal and other industrial services to companies operating in the manufacturing and specialty chemical end markets.
  • Affiliate of Centre Lane Partners acquires appliance business from Instant BrandsJones Day advised an affiliate of Centre Lane Partners in the acquisition and financing of the appliances business of Instant Brands, designer and distributor of kitchen and home appliances, including the Instant Pot, pursuant to Section 363 of title 11 of the United States Code.
  • Bowlero completes $432.9 million transaction with VICI PropertiesJones Day advised Bowlero Corp. in connection with its $432.9 million transfer of land and real estate assets of 38 bowling entertainment centers across 17 states to VICI Properties (NYSE: VICI).
  • CITGO completes $1.1 billion Senior Secured Notes offeringJones Day represented CITGO Petroleum Corporation ("CITGO"), a North American refiner, transporter, and marketer of transportation fuels, lubricants, petrochemicals and other petroleum-based industrial products, in connection with a Rule 144A and Regulation S offering of $1.1 billion aggregate principal amount of 8.375% Senior Secured Notes due 2029.
  • J.F. Lehman & Company portfolio company acquires White Lake Dock & DredgeJones Day advised J.F. Lehman & Company in the acquisition and financing by portfolio company, ENTACT, LLC, of White Lake Dock & Dredge, Inc.
  • Timken acquires Des-CaseJones Day advised The Timken Company in the acquisition of Des-Case Corp., a Nashville, Tenn.-based manufacturer of specialty filtration products for industrial lubricants.
  • Diebold Nixdorf successfully restructures over $2.7 billion in funded debt and completes the first-ever dual proceeding under the U.S. bankruptcy code and Dutch restructuring law in 71 daysIn the first-ever cross border restructuring involving dual main proceedings under chapter 11 of the U.S. Bankruptcy Code and a scheme of arrangement (the "Dutch Scheme") under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord ("WHOA")), and the first-ever chapter 15 recognition of Dutch Scheme proceedings and a sanctioned WHOA reorganization plan (the "WHOA Plan"), Jones Day represented Diebold Nixdorf, Incorporated ("Diebold") and certain of its U.S. and Canadian subsidiaries (the "Debtors") in connection with (i) the prepackaged chapter 11 cases of In re Diebold Holding Company, LLC, et al., (Case No. 23-90602-DRJ) commenced on June 1, 2023, in the United States Bankruptcy Court for the Southern District of Texas (the "Bankruptcy Court"); (ii) the Dutch Scheme, commenced on June 1, 2023 by Diebold Nixdorf Dutch Holding B.V. (the "Dutch Issuer") in the District Court of Amsterdam (the "Dutch Court"), and (iii) the chapter 15 proceedings before the Bankruptcy Court commenced by the foreign representative of the Dutch Issuer, wherein the Bankruptcy Court recognized the Dutch Scheme proceeding as a foreign main proceeding and recognized and extended comity to the WHOA Plan that was sanctioned by the Dutch Court.
  • TopBuild acquires Specialty Products & InsulationJones Day is advising TopBuild Corp. (NSYE: BLD) in its acquisition of Specialty Products & Insulation from private equity firm Incline Equity Partners in an all-cash transaction valued at $960 million.
  • ONCAP sells medical division to BiomericsJones Day advised ONCAP in the sale by portfolio company Precision Concepts International of its medical division to Biomerics, a portfolio company of Wasatch Equity Partners.
  • MPE Partners recapitalizes Precision PipelineJones Day advised MPE Partners in the acquisition and financing of Precision Pipeline, LLC, a leading provider of critical repair, replacement, and maintenance services for utility customers across the gas, electrical, telecommunications, and water end markets.