Emerald A.Gearing

Associate

New York + 1.212.326.3616

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Emerald Gearing focuses her practice on commercial finance and represents financial institutions, lenders, as well as public and private borrowers. Her experience encompasses fund financings, acquisition financings, refinancing transactions, secured and unsecured senior credit facilities, asset-based loans, and syndicated facilities that comprise a broad spectrum of industries and business sectors. Emerald is actively involved in Jones Day's environmental, social, and governance (ESG) working group.

Experience

  • Real estate fund amends its $100 million subscription facilityJones Day represented a real estate fund in connection with the amendment of its $100 million subscription facility, which among other things, extended the maturity of the facility and replaced BSBY with SOFR.
  • Newell Brands amends $1 billion revolving credit facilityJones Day represented Newell Brands Inc. (“Newell”), a leading consumer products company, in connection with the amendment restructuring its existing revolving credit facility.
  • Real estate fund amends its $15 million subscription facilityJones Day represented a real estate fund in connection with the amendment of its $15 million subscription facility, which among other things, extended the maturity of the facility, modified the commitment amount and replaced BSBY with SOFR.
  • 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.
  • Accord Catalyst Fund obtains subscription line credit facilityJones Day represented Accord Catalyst Fund in connection with a new subscription line credit facility.
  • Riverside portfolio company acquires Miracle MethodJones Day represented The Riverside Company in connection with the acquisition and financing by portfolio company Threshold Brands of Miracle Method, the leading franchised provider of bath and kitchen refinishing services in the United States.
  • Private credit firm and affiliated funds obtain subscription line credit facility in amount up to $150 millionJones Day represented a private credit firm and certain of its funds in the refinancing of such funds’ existing subscription line facility.
  • 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.
  • Riverside portfolio company acquires Mold MedicsJones Day represented The Riverside Company in connection with the acquisition and financing by portfolio company Threshold Brands of Mold Medics, a provider of residential and commercial mold remediation and air duct cleaning services in Pennsylvania.
  • Large financial institution provides $275 million senior secured credit facility to dynamic distribution and manufacturing companyJones Day represented a large financial institution, as administrative agent and lead arranger, in connection with senior secured credit facilities in the aggregate amount of $275 million provided to a large multi-divisional distribution and manufacturing company supporting the food service industry, comprised of a $150 million revolving credit facility and a $125 million delayed draw term loan facility.
  • HanesBrands obtains $900 million incremental term loan B facilityJones Day advised HanesBrands Inc., a global leader in the marketing of everyday basic innerwear and activewear apparel in the Americas, Australia, Europe, and Asia, in connection with its $900 million incremental term loan B facility.
  • HanesBrands completes $600 million Senior Notes offering and prices $900 million term loan B facilityJones Day represented HanesBrands Inc. in connection with (i) a Rule 144A and Regulation S offering of $600 million aggregate principal amount of 9.000% Senior Notes due 2031 and (ii) an amendment to the credit agreement that governs the company's existing senior secured credit facilities to provide for a new $900 million senior secured term loan B facility (the “Term Loan B”).
  • Webster Bank provides $40 million financingJones Day represented Webster Bank, N.A. in connection with a $40 million financing, consisting of a senior secured revolving credit facility, senior secured term loan facility, and a senior secured delayed draw term loan facility.
  • FTI Consulting refinances and upsizes its senior secured revolving credit facility to $900 millionJones Day represented FTI Consulting, Inc. (“FTI”) in connection with the second amendment and restatement of its senior secured multicurrency revolving credit facility that, among other things, increased the facility from $550 million to $900 million, extended its maturity, replaced LIBOR with new benchmarks, and provides for the ability of FTI to amend the facility, with FTI and required lender consent, to include pricing adjustments based on certain Environmental, Social and Governance (ESG)-related key performance indicators to be established.
  • United Natural Foods obtains $2.6 billion credit facilityJones Day advised United Natural Foods, Inc., a leading distributor of natural, organic, specialty, produce and conventional grocery and non-food products, and provider of support services to retailers in the United States and Canada, in connection with its $2.6 billion secured asset-based revolving credit facility, including a U.S. dollar equivalent of $100 million sublimit for borrowings in Canadian dollars, with Wells Fargo Bank, National Association as administrative agent.
  • Sonepar sells Vallen Distribution to Nautic PartnersJones Day represented the Sonepar Group – a Paris-headquartered global leader in B-to-B distribution of electrical products, solutions and related services – in the sale of Sonepar's subsidiary business, Vallen Distribution, to Nautic Partners, a middle-market private equity firm based in Rhode Island.
  • Riverside portfolio company acquires Granite Garage FloorsJones Day represented The Riverside Company in connection with the acquisition by portfolio company Threshold Brands of Granite Garage Floors, a franchise company that provides garage floor coatings for residential and commercial customers.
  • LendingTree invests in EarnUpJones Day advised LendingTree, Inc. in the $31 million Series C financing round of EarnUp, a San Francisco-based Fintech company offering payment and data solutions for the mortgage industry.
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