NickBuchta

Associate

Cleveland + 1.216.586.1300

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Nick Buchta is a corporate restructuring lawyer with experience representing clients in complex, high-profile chapter 11 cases, out-of-court restructurings, and cross-border insolvencies in the retail, energy, health care, aerospace, telecom, sports, and financial services industries.

Recently, Nick represented Diebold Nixdorf in the first-ever cross-border restructuring involving dual main proceedings under chapter 11 of the U.S. Bankruptcy Code and a scheme of arrangement 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. Nick also represented Spark Networks SE in the first-ever cross-border restructuring under the German restructuring law (StaRUG) and chapter 15 of the U.S. Bankruptcy Code involving more than $100 million of funded debt issued by a U.S.-based credit fund and guaranteed by other German and U.S. entities.

Other notable representations include Condor Inversiones (debtor's counsel), Bestwall (debtor's counsel), Nine Point Energy (debtor's special litigation counsel), Cleveland Guardians (largest unsecured creditor of Diamond Sports Group), The Boeing Company (largest customer of GDC Technics), and Jefferies Finance (prepetition lender, DIP [debtor-in-possession] lender, and stalking horse bidder to FORMA Brands).

Nick maintains an active pro bono practice, representing individuals seeking asylum in the United States. Nick serves on the boards of the Olmsted Falls Alumni Association and Friars Senior Society of the University of Pennsylvania. He was voted Duke Law's Most Likely to Win Master Baker and was named the 2017 Gold Circle Award winner by the Columbia Scholastic Press Association for best sports commentary among college journalists nationally.

Expérience

  • Vintage Wine Estates enters Chapter 11 with plans to sell substantially all assetsJones Day is representing Vintage Wine Estates, Inc. and 11 of its direct and indirect subsidiaries (collectively, the "Debtors") in their chapter 11 cases pending in the United States Bankruptcy Court for the District of Delaware (the Chapter 11 Cases").
  • Dollar Tree purchases rights to 170 commercial leases out of 99 Cents Only Stores' chapter 11 casesJones Day advised Dollar Tree, Inc. regarding its purchase of the designation rights to 170 commercial leases held by 99 Cents Only Stores, LLC, a chapter 11 debtor.
  • 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.
  • 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.
  • Afghan refugee granted asylum in U.S.Jones Day obtained asylum in the U.S. for a female Afghan refugee persecuted by the Taliban for promoting women's rights.
  • 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.
  • Jefferies finalizes $680 million exit credit facilities in connection with acquisition of Forma Brands and its emergence from Chapter 11 bankruptcyJones Day represented Jefferies Finance LLC, as administrative agent and collateral agent, and as the borrowers' controlling equity interest owner, in connection with two bankruptcy exit credit facilities, including a $300 million term loan and a $30 million revolving credit facility provided to Forma Brands, LLC (f.k.a. FB Acquisition LLC), and a $350 million term loan provided to Beauty Brands Acquisition LLC (an indirect parent company of Forma Brands, LLC), each made in connection with the acquisition of the company's assets by Jefferies and other creditors, and the emergence of the company from Chapter 11 Bankruptcy.
  • M/C Partners makes offer for GigaMonsterJones Day is advising M/C Partners in the $5.8 million debtor-in-possession loan to and related $14 million offer for the distressed assets of GigaMonster Networks LLC as part of a Chapter 11 reorganization.
  • Jefferies Finance provides $28 million bridge loan facility to Morphe, LLCJones Day represented Jefferies Finance LLC, as administrative agent and collateral agent, in connection with a $28 million bridge loan credit facility provided to Morphe, LLC, a subsidiary of Forma Brands, LLC, a builder of beauty brands anchored in innovative and high-quality products, marketing and operations.
  • Boeing resolves $57 million claim dispute with bankrupt subcontractor GDC Technics, LLC regarding production of top priority military aircraftJones Day represented The Boeing Company in the chapter 11 case of GDC Technics, LLC, the former primary supplier to Boeing under an Air Force defense contract.
  • Nine Point Energy secures trial victory clearing path for successful reorganization through sale of its assetsJones Day is representing an oil and gas exploration and production company, Nine Point Energy, that is the Debtor in a chapter 11 bankruptcy case, leading to the successful ruling from the bench concluding that at least $150 million of the $157 million in liens asserted by Caliber were invalid, thus, clearing the path for the successful reorganization of Nine Point through a sale of its assets.
  • Bank of America amends asset-based revolving credit facility for Commercial Vehicle GroupJones Day represented Bank of America, N.A., as agent and a lender, in connection with an amendment to its asset-based revolving credit facility provided to Commercial Vehicle Group, Inc., a manufacturer of innovative component systems to improve performance, and certain of its subsidiaries.
  • TimkenSteel completes $46 million Convertible Senior Notes offeringJones Day advised TimkenSteel Corporation, one of the world's largest manufacturers of alloy steel bar and tubing, in connection with the exchange of $46 million aggregate principal amount of its outstanding 6.00% Convertible Senior Notes due 2021 for an equal aggregate principal amount of its 6.00% Convertible Senior Notes due 2025.
  • Wells Fargo-led syndicate of lenders successfully negotiate secured $1.1 billion restructuring credit facility for Pennsylvania Real Estate Investment Trust (PREIT)Jones Day represented Wells Fargo Bank, National Association (“Wells Fargo”), as administrative agent, in connection with the Chapter 11 financial reorganization plan of Pennsylvania Real Estate Investment Trust (“PREIT”), a publicly traded real estate investment trust that owns and manages a portfolio of shopping malls totaling over 23 million square feet of retail space.
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    December 2023 Newsletters

    Business Restructuring Review | November–December 2023 | Vol. 22 No. 6

    December 2023 Newsletters

    Florida Bankruptcy Court Substantively Consolidates Debtor and Non-Debtor Entities

    June 2023 Newsletters

    Business Restructuring Review | May–July 2023 | Vol. 22 No. 3

    June 2023 Newsletters

    Fifth Circuit: Barton Doctrine Precluded Litigation by Chapter 7 Debtor Against Bankruptcy Trustee and Counsel

    September 2022 Newsletters

    Business Restructuring Review Vol. 21, No. 5 | September–October 2022

    September 2022 Newsletters

    Denial of Chapter 11 Plan Confirmation Unwarranted Even if Plan Support Agreements Violated Disclosure Requirements

    January 2022 Newsletters

    Delaware Court Holds Rejection Eliminates Non-Debtor's Exclusive Right to Provide Services to the Debtor

    January 2022 Newsletters

    Business Restructuring Review | Vol. 21 No. 1 | January–February 2022

    March 2021 Alert

    SEC's Division of Examinations Reiterates Focus on Digital Asset Securities

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