Andrew M. Butler

Andrew Butler represents debtors, creditors, and other parties in financial restructurings.

Andrew's recent representations include: The Roman Catholic Diocese of Rockville Centre, New York in its chapter 11 case in the Southern District of New York Bankruptcy Court; the chapter 11 restructuring of Diebold Nixdorf and certain of its subsidiaries and the related proceedings under the Dutch Act on Confirmation of Extrajudicial Plans (Wet homologatie onderhands akkoord or WHOA); a secured term loan lender to a distressed crypto company in connection with an out-of-court workout; NII Holdings in successful post-confirmation litigation against AT&T seeking disbursement of escrowed funds following AT&T's purchase of certain assets out of NII's bankruptcy case; secured term loan lenders to syncreon Group B.V. using an English scheme of arrangement to restructure $985 million of funded debt; and a group of secured term loan lenders to Sungard AS in restructuring of $1.2 billion of funded debt in a two-day bankruptcy case.

Andrew is an active member of the Federal Bar Council's Bankruptcy Litigation Committee.

Prior to joining Jones Day, Andrew served as a judicial law clerk in the United States Bankruptcy Court for the District of Delaware.

Experiencia

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.

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.

January 2024 Newsletters

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Business Restructuring Review Vol. 23 No. 1 | January-February 2024

Chapter 15 Filing as a Litigation Tactic Not Bad Faith Justifying Automatic Stay Relief

Crypto-Based Lending and the 2022 UCC Amendments (The Secured Lender)

In Millennium, the Third Circuit Gives Nonconsensual Third-Party Releases in a Chapter 11 Plan a Stern Look

Fourth Circuit Bolsters Claims for Postpetition Attorney's Fees Incurred by Unsecured or Undersecured Creditors

Andrew M. Butler

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