Jasper Berkenbosch

Jasper Berkenbosch advises companies in distress and funds and creditors on bankruptcy-related matters including cross-border restructurings and director and shareholder liability matters. He is regularly appointed by the court as bankruptcy trustee in high-profile insolvency proceedings and by the Enterprise Chamber as an independent director or supervisor.

Jasper has recently acted as counsel for Diebold Nixdorf in a $2.7 billion debt restructuring under Dutch restructuring law and chapter 11 of the United States Bankruptcy Code and for the Vroon Group shareholders in €1 billion debt restructuring under Dutch law and the United Kingdom schemes of arrangement. He also acted as counsel for the Abenoa Dutch board in defense against liability claims by a Dutch trustee.

In addition, he has handled court appointments for Mercom Coffee Group as observer, monitoring the global winding up under Dutch law and chapter 11 of the U.S. Bankruptcy Code; bankruptcy trustee for Scotch & Soda (fashion retail company with 200 stores and distribution in 70 countries), leading the distressed assets sale in 13 countries; bankruptcy trustee for Intertoys (retail chain with 350 toy stores in Europe); and bankruptcy trustee for Oi Brazil Coop in restructuring of $6 billion bond debt.

He also has been appointed as an independent director or investigator in Dutch Enterprise Chamber (Ondernemingskamer) proceedings for international companies, such as Esperaza, ICTS, De Poli Tankers, and Teka.

Jasper is a Fellow of Insol International and a former board member of Insol International (Dutch representative) and of the Netherlands Association for Comparative and International Insolvency Law (NACIIL).

Esperienze

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.

Scotch & Soda sold to Bluestar AllianceJones Day acted as administrator to Amsterdam-based Dutch fashion brand Scotch & Soda in its sale to Bluestar Alliance, a New York-based brand management company.

American Industrial Partners Capital Fund VII takes control of Aluminium Dunkerque companiesJones Day has advised American Industrial Partners Capital Fund VII, L.P. in connection with the acquisition of the Aluminium Dunkerque companies through the foreclosure on the shares of Liberty France Industries 1 SA, which were pledged to affiliates of AIP under mezzanine financing arrangements previously provided to Aluminium Dunkerque, due to ongoing payment and other defaults.

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.

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.

Intertoys files for bankruptcyJones Day assisted the trustee of Intertoys Holding B.V., the market leader in retail toy shops, in the company’s bankruptcy.

Oi Brasil obtains approval of recovery planJones Day represented the trustee of Oi Brasil Holdings Coöperatief, a subsidiary of the Brazilian telecom giant Oi S.a., who filed for bankruptcy protection in 2016.

July 2024 Reprint

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Collegati

Esperienze

Cross-Border Restructurings and the New Jurisdictional Chessboard (Reorg Research)

Inaugural Survey of Chapter 15 of the Bankruptcy Code (The Business Lawyer)

Business Restructuring Review | March–April 2021

Legislative Update: The Dutch Scheme Has Arrived

The Dutch Scheme Has Arrived

Business Restructuring Review | November–December 2020

Legislative Update: New Dutch Restructuring Law Enacted

Directors' Duties—A European Overview: Financial Distress and COVID-19

The Dutch Scheme: A Valuable Addition to Cross-Border Restructuring Toolbox

All Change In Europe—New Chapter 11-Style Restructuring Regime Is On Its Way!

Jasper Berkenbosch

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