Dr. Olaf Benning

Of Counsel

Frankfurt + 49.69.9726.3939

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Dr. Olaf Benning advises clients in out-of-court restructurings, formal insolvency proceedings, and distressed M&A transactions. Major customers and suppliers of distressed companies and their shareholders and providers of financing have relied on him to assert their rights in the critical situations before and after filing for insolvency.

Olaf has particular experience in cross-border cases and has represented financial investors and large groups of companies with respect to their German operations. The same is true for distressed companies in the retail, wind energy, solar energy, automotive, hotel, and financial services sectors in connection with out-of-court restructurings of portfolio companies or the restructuring of entire groups of companies or selected subsidiaries.

Olaf has been involved in formal insolvency proceedings for numerous clients, including several large or mid-sized automotive suppliers, trading companies, companies from the hotel industry and operators of retail store chains and shopping malls, as well as real estate investors and manufacturers from various industry areas. He was involved in the insolvency proceedings of GALERIA Karstadt Kaufhof, Intertoys, Fintyre group, American Apparel, MEXX, and Hein Gehricke (retail); Veritas AG, Kratzer Automation AG (automotive suppliers); Q-Cells, Qimonda (memory chip manufacturers); Senvion (wind energy); Solarwatt, Gehrlicher Solar (solar energy); Cinterion Wireless Modules (technology company); PaperlinX (pan-European paper manufacturer); and A-TEC Industries (industrial conglomerate Austria).

Prior to joining Jones Day, Olaf advised Lehman Brothers on the German law issues arising in its chapter 11 proceedings and Cerberus during its out of insolvency acquisition of the entire business of German automotive supplier Peguform.

Olaf is a member of the Turnaround Management Association (TMA) and of the German-American Lawyers' Association.

Experience

  • Joint Administrators of The Body Shop International Limited (in administration) sell business and assetsJones Day advised Geoffrey Rowley, Anthony Wright and Alastair Massey of FRP Advisory in their capacity as joint administrators of The Body Shop International Limited (in administration), an appointee of the shareholder, Aurelius Investment Advisory Limited, in connection with the trading administration and subsequent sale of the company's business and assets.
  • Corsair Gaming acquires Endor AG's operating businessJones Day advised Corsair Gaming, Inc. in its acquisition of Endor AG's operating business, including the Fanatec brand and all associated personnel. Endor develops and markets high-quality input devices such as high-end steering wheels and pedals for racing simulations on game consoles and PCs under the Fanatec brand.
  • Spark Networks obtains chapter 15 recognition of first-ever cross-border restructuring under German StaRUGJones Day represented Spark Networks SE in the first-ever cross-border restructuring under the recently enacted German restructuring law ("StaRUG") and chapter 15 of the U.S. Bankruptcy Code involving over $100 million of funded debt issued by a U.S.-based credit fund and guaranteed by other German and U.S. entities.
  • LaSalle forms JV with Swiss Life Asset ManagersJones Day advised LaSalle Investment Management on a German-focused logistics real estate joint venture with Swiss Life Asset Managers.
  • Diebold Nixdorf obtains $1.25 billion senior secured exit 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, in connection with a new $1.25 billion senior secured term loan facility as part of it’s emergence from chapter 11 bankruptcy and other domestic and foreign court-supervised restructuring proceedings.
  • 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.
  • Diebold Nixdorf obtains $1.25 billion senior secured superpriority DIP credit facilityJones Day is representing Diebold Nixdorf, Incorporated (the “Company”), 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 and foreign subsidiaries (collectively, the “Debtors”) in (i) a pre-packaged chapter 11 proceeding in front of the U.S. Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”), (ii) a scheme of arrangement by Diebold Nixdorf Dutch Holding B.V. (the “Dutch Issuer”) and the related voluntary proceeding in front of the District Court of Amsterdam under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord), and (iii) an anticipated proceeding commenced by the Dutch Issuer under chapter 15 in the Bankruptcy Court, seeking recognition of such scheme of arrangement.
  • Cenntro Electric Group acquires remaining interest in Cenntro Automotive Europe GmbH (formerly Tropos Motors Europe GmbH)Jones Day advised Cenntro Electric Group Limited, a leading EV technology company with advanced, market-validated electric commercial vehicles, in the acquisition of the remaining 35% equity interest in Cenntro Automotive Europe GmbH (formerly Tropos Motors Europe GmbH), from Mosolf SE & Co. KG.
  • Rejuvenate acquires entire business operations of cell transplants manufacturer co.don AktiengesellschaftJones Day advised Rejuvenate GmbH, a subsidiary of ReLive Biotechnologies, in connection with the acquisition of the business operations of co.don Aktiengesellschaft ("CO.DON") (including all shares in its Dutch, UK and Swiss subsidiaries).
  • Karos takes over goFLUXJones Day advised Karos, French leader in carpooling services, in connection with its acquisition of goFLUX, the German carpooling app with a matching algorithm which determines a suitable meeting point for drivers and passengers.
  • Alternate capital provider refinances international hotel groupJones Day advised a leading alternate capital provider in connection with its debt refinancing of an international hotel group.
  • Cenntro Electric Group acquires majority interest in Tropos Motors Europe GmbHJones Day advised Cenntro Electric Group Limited, a leading EV technology company with advanced, market-validated electric commercial vehicles, in the acquisition of a 65% equity interest in Tropos Motors Europe GmbH, a wholly owned subsidiary of Mosolf SE & Co. KG.
  • Aurelius sells remaining Office Depot Europe business to strategic buyer RAJA GroupJones Day advised AURELIUS Equity Opportunities in the sale of Office Depot Europe, which includes the remaining Viking and Office Depot Europe activities to strategic buyer RAJA Group.
  • Leading automotive components and systems supplier obtains $100 million senior secured term loan facilityJones Day represented a leading automotive components and systems supplier in connection with a $100 million senior secured term loan facility.
  • SAP forms strategic partnership with Dediq for financial services industriesJones Day advised SAP in the formation of SAP Fioneer, a joint venture with the Munich based investor DEDIQ GmbH whereby SAP contributed its Financial Services and Insurance Services business and DEDIQ will invest more than €500 million.
  • Atlas Arteria establishes new capital structure for Warnow Tunnel in GermanyJones Day advised Atlas Arteria, a global owner, operator, and developer of toll roads, on a new approximately 29-year debt facility for its Warnow Tunnel in Germany as part of a capital restructuring.
  • Solvay sells barium, strontium and sodium percarbonate businesses to Latour CapitalJones Day advised Solvay S.A., a publicly listed chemical company based in Brussels, Belgium, on the combined sale of its technical-grade barium and strontium business in Germany, Spain and Mexico, and its sodium percarbonate business in Germany to Latour Capital.
  • Guardian Europe S.à r.l. sold Guardian Automotive glass business to PARTER Capital Group AGJones Day advised Guardian Europe S.à r.l., a subsidiary of Koch Industries, Inc., in the sale of its Guardian Automotive aftermarket glass fabrication and distribution business to PARTER Capital Group AG.
  • HOERBIGER acquires majority stake in RAGSOL GmbHJones Day advised the HOERBIGER Group in its acquisition of a majority stake in RAGSOL GmbH, an Austrian oil and gas solutions provider.
  • Ad hoc group of senior secured lenders advised in landmark restructuring of the syncreon groupJones Day acted for the ad hoc group of senior secured lenders in the landmark restructuring of the global logistics syncreon group which was implemented via English Schemes of arrangement, with chapter 15 recognition in the U.S. and CCAA recognition in Canada.
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