Nicholas J.Morin (Nick)

Associate

New York + 1.212.326.3443

Nick Morin represents distressed companies and their lenders in connection with in-court and out-of-court funded debt and operational restructurings. Nick has worked on distressed financings, distressed acquisitions, complex bankruptcy litigation, and other chapter 11 and insolvency-related matters.

Nick has represented significant creditor groups in various restructurings, including lenders to: Sungard AS (represented group of term loan lenders in restructuring of $1.2 billion of funded debt in a two-day bankruptcy case); David's Bridal (represented group of term loan lenders in restructuring of $800 million of funded debt); and Bon-Ton (represented group of second lien noteholders in $125 million credit bid to acquire rights in company's assets).

In addition, Nick has represented many companies in distressed situations, including: Peabody Energy (in restructuring more than $8 billion of funded debt through chapter 11 plan); M&G USA Corporation (in the sale of assets for more than $1 billion); and Rex Energy (in the sale of assets for more than $600 million).

Nick also has been involved in high-stakes, insolvency-related litigation, including successfully obtaining the dismissal of fraudulent conveyance claims asserting $450 million in damages.

Experience

  • 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.
  • Sungard AS secured term loan lenders receive $300 million of secured debt and 89% of equity in fast-tracked two-day chapter 11 caseJones Day represented a group of secured term loan lenders of Sungard Availability Services ("Sungard AS"), a leading provider of critical data recovery and production services and related integrated solutions, in connection with its prepackaged chapter 11 case filed in the U.S. Bankruptcy Court for the Southern District of New York.
  • Zeavion Holding Pte. Ltd. contract assumed in Gymboree bankruptcyJones Day successfully represented Zeavion Holding Pte. Ltd., a significant trademark license holder, in connection with, among other things, the assumption and assignment of a significant trademark license and ancillary agreement from Gymboree to The Children's Place in connection with Gymboree's section 363 sale of substantially all of certain Gymboree assets to The Children's Place.
  • OGE Energy to acquire 146 MW combined cycle natural gas-fired power generation facilityJones Day is advising Oklahoma Gas and Electric Company, a subsidiary of OGE Energy Corp. in the purchase of a 146 MW combined cycle natural gas-fired power generation facility from Oklahoma Cogeneration, LLC.
  • OGE Energy to acquire 360 MW coal-fired generation facilityJones Day is advising Oklahoma Gas and Electric Company, a subsidiary of OGE Energy Corp. in the purchase of a 360 MW coal-fired generation facility and associated equipment from AES Shady Point, LLC.
  • Rex Energy successfully closes $600.5 million 363 asset sale and confirms plan of liquidation with releases and exculpation provisionsA multi-disciplinary Jones Day team represented Rex Energy Corporation in the negotiation of a Restructuring Support Agreement ("RSA") with its first and second lien creditors that formed the foundation for a successful chapter 11 process.
  • Peabody Energy exits chapter 11 in less than a yearFacing unprecedented industry conditions in late 2015 and early 2016, Peabody Energy Corporation, the world's largest private-sector coal company, and 153 of its direct and indirect subsidiaries filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri on April 13, 2016.
  • Peabody Energy completes $1 billion offering of Senior Secured NotesJones Day represented Peabody Energy Corporation (PEC), a large private-sector coal company, in connection with a Rule 144A offering of $1.0 billion aggregate principal amount of Senior Secured Notes, consisting of $500 million of 6.000% Senior Secured Notes due 2022 and $500 million of 6.375% Senior Secured Notes due 2025.
  • Peabody Energy successful in defense of Patriot Coal's claimJones Day represented Peabody Energy Corporation ("PEC") when Patriot Coal revisited bankruptcy on May 12, 2015, having filed for chapter 11 protection in the Eastern District of Virginia with $2 billion in assets against $2.4 billion in debt (collectively, "Patriot 2").
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