O’Melveny Worldwide

Restructurings

  • Ad hoc group of term lenders in the Chapter 11 case of Belk, Inc. in a deal supported by all major lender groups to consensually restructure through a one-day prepackaged Chapter 11 filing
  • Specialty retailer Francesca's Holdings Corporation in its Chapter 11 proceeding, which includes its sale to TerraMar Capital LLC
  • First lien lenders to gym chain 24 Hour Fitness in the financial restructuring of over US$1.2 billion of funded debt through which the group became majority owners of the reorganized company
  • Funds managed by Franklin Advisers as majority lenders under the debtor-in-possession financing facility and eventual majority owners of Appvion Inc. pursuant to a credit bid for Appvion's assets in Chapter 11
  • CST Industries, the world's largest and leading tank and dome manufacturer, and two affiliated debtors, as lead debtors' counsel in connection with their Chapter 11 proceedings
  • DNB Bank ASA as a prepetition lender and debtor-in-possession lender in connection with the Chapter 11 bankruptcy of GulfMark Offshore Inc.
  • Republic Airways Holdings Inc. in its Chapter 11 proceedings and successful plan of reorganization
  • Delta Petroleum Corporation in its Chapter 11 filing and plan of reorganization that involved the formation of a joint venture company with Laramie II LLC
  • Credit Suisse AG in Zurich on its participation in a US$1.4 billion syndicated loan as well as a US$75 million bilateral facility against Excel Maritime and 40 of its affiliates amid the Greek shipping company's descent into bankruptcy
  • Trident Resources Corporation in its Chapter 11 restructuring
  • Strategic Value Partners as co-lead investor with Angelo, Gordon & Company in the restructuring of NextMedia Group Inc.
  • Avenue Capital as lead investor in the restructuring of Ion Media Networks
  • Avenue Capital as lead investor in the restructuring of MagnaChip Semiconductor Corporation
  • The Official Committee of Unsecured Creditors of Mirant Energy, LLC in its Chapter 11 restructuring
  • Northwest Airlines Corporation in its Chapter 11 restructuring
  • Credit Suisse First Boston Corporation, the largest holder of bonds issued by Panda, an electric power generator, in the restructuring of Panda and its corporate parent
  • The bondholders committee in connection with the restructuring of Spanish telecom Jazztel plc
  • The informal bondholders committee in the restructuring of Arch Wireless, Inc.
  • Casual Male in its Chapter 11 liquidation and related asset sales
  • Lodgian Inc. in its Chapter 11 restructuring
  • Geneva Steel Company in its Chapter 11 restructuring
  • Numerous investment banks, private equity funds, hedge funds, creditors' committees and debtors in connection with financial restructuring transactions, including the provision of debtor-in-possession financing and equity backstop commitments

Mergers & Acquisitions

  • SBJ Capital in its investment in Rishi Tea & Botanicals, a branded specialty and organic tea and botanicals producer
  • A private equity and family office consortium in its US$1.84 billion acquisition of PureWest Energy, a leading Rocky Mountain independent natural gas producer
  • INEOS Acetyls in its US$500 million acquisition of the Eastman Texas City site, including an Acetic Acid plant, from Eastman Chemicals Co. (NYSE: EMN)
  • Genius Sports Ltd. (NYSE: GENI) on its US$200 million acquisition of software company Second Spectrum, a leading provider of cutting-edge data tracking and visualization solutions. Alex advised on transaction structuring alternatives, qualification as a tax-free reorganization, and multi-jurisdictional tax issues.
  • Genstar Capital on its acquisition of Brook + Whittle, a leading provider of sustainable labeling solutions serving growth-oriented consumer end markets, from private equity firm TruArc Partners
  • Diversis Capital in its sale of cloud-based software company ArrowStream, Inc. to private equity company Tailwind Capital
  • Palladium Equity Partners, LLC in its acquisition of Envoy Global, a tech-enabled employment immigration services provider. Alex led tax-related matters on the acquisition, structuring, rollover terms, and post-closing governance structure.
  • Platinum Equity Advisors, LLC in its acquisition of Paramount Global Surfaces, Inc., a developer, importer, and distributor of premium porcelain and other tile surfaces
  • PMC Capital Group, LLC, a Los Angeles-based private equity firm, in its acquisition of StyroChem Canada, Ltd. from WinCup, Inc. StyroChem is a leading manufacturer of expandable polystyrene grades used in food service, packaging, construction, casting, and specialty applications with over US$100 million of revenue.
  • Atlanta Braves in its sale of minor league affiliates the Triple-A Gwinnett Stripers, the Double-A Mississippi Braves, and the High-A Rome Braves to Endeavor Group Holdings
  • Private equity fund manager in its acquisition of a regional pharmacy chain, as well as the structuring of its corporate platform to facilitate roll-up acquisitions of other regional pharmacy companies
  • Subsidiary of global trading company in sale of its food business unit to leading specialty food importer
  • Private investment firm in various acquisitions, including of gym franchises, a software solutions company, and a wine and spirits company
  • Private equity firm TELEO Capital Management, LLC in acquiring an onboard services and supply chain software solutions business from e-gatematrix LLC
  • Consumer storage and commercial cleaning products company American Plastics, LLC, a portfolio company of Highview Capital, LLC and Victory Park Capital Advisors, LLC, in its acquisition of Centrex Plastics, LLC and Creative Plastic Concepts
  • Carolina Panthers (NFL) owner David Tepper in his winning bid to secure Major League Soccer (MLS) expansion team Charlotte Football Club
  • Todd Boehly, Co-Founder, Chairman and CEO of the Eldridge holding company, in his acquisition of a minority interest in the Los Angeles Lakers NBA franchise
  • Health-E Commerce, an online pre-tax health and wellness shopping platform in its sale to private equity firm Beecken Petty O'Keefe & Co.
  • ConvergeOne (Nasdaq: CVON), a Global IT services provider, in its recent agreement to acquire VT Consolidated, Inc. (Venture Technologies)
  • Sandbridge Capital and Thom Browne, Inc. in the sale of an 85 percent stake in American fashion design house Thom Browne to the Italian luxury company Ermenegildo Zegna Group
  • Marlin Equity Partners in its acquisition of FrontStream, Inc., a leading provider of software solutions for non-profit fundraising and corporate giving
  • Endeavor Global Marketing, the cultural marketing division of famed Hollywood agency Endeavor, in its acquisition of full-service branding and marketing firm 160over90
  • LaLiga, the Spanish soccer league, in its joint venture with Relevent Sports to commercialize its media, sponsorship, and licensing rights in North America
  • ITT Corporation in its acquisition of Hartzell Aerospace, a California-based parts designer and manufacturer
  • Brambles Ltd. in a US$115 million sale of its Transport Management System (TMS), LeanLogistics, to UK-based Kewill Inc., a global provider of supply-chain software New York City
  • Epic Pharma in its US$550 million sale to China's Humanwell Healthcare Group and New Jersey's PuraCap Pharmaceutical
  • Clinquest Group B.V. in the sale of its US and Dutch subsidiaries to Accelovance Inc., a Rockville, Maryland-based global Contract Research Organization (CRO) focusing on oncology vaccines and general medicine clinical research
  • Chiltern, a leading global contract research organization headquartered in the UK, in the acquisition of Pennsylvania- based Theorem Clinical Research
  • ITT Corporation in its acquisition of Wolverine Automotive Holdings Inc., the parent company of Wolverine Advanced Materials LLC
  • Heartland Food Group (Heartland) in its acquisition of the iconic artificial sweetener brand Splenda from Johnson & Johnson subsidiary McNeil Nutritionals with Centerbridge Partners who became a shareholder in Heartland as part of the transaction
  • Chindex International Inc. in its sale to a buyer consortium consisting of an affiliate of US private equity firm TPG, an affiliate of Shanghai Fosun Pharmaceutical Group and the Chindex CEO
  • Cipla in its acquisition of two US generic drug companies, InvaGen Pharmaceuticals Inc and Exelan Pharmaceuticals Inc., for US$550 million in cash
  • Greenbriar Equity Group in its acquisition of a majority stake in SEKO Logistics, a leading provider of supply chain services
  • Kenner & Company Inc. in the US$1.1 billion acquisition of Dynacast, a maker of precision die-cast components and a division of Melrose PLC
  • Merck & Company Inc. in a US$9.5 billion acquisition of Cubist Pharmaceuticals Inc., an antibiotic manufacturer, and in a US$3.85 billion deal to buy Idenix Pharmaceuticals Inc., a biotechnology company developing drugs to cure hepatitis C
  • Zoetis Inc. in the US$255 million acquisition of certain assets of Abbott Laboratories' veterinary division
  • Rockwood Holdings Inc. in the sale of its titanium dioxide and performance additive businesses to Huntsman Corp. for US$1.33 billion
  • MediaNews Group Inc. in its acquisition of 21st Century Newspaper Holdings LLC and its offering of US$125 million "high-yield" senior secured notes to fund the acquisition
  • Republic Airways in its sale of Frontier Airlines to an affiliate of private equity firm Indigo Partners
  • Rockwood Holdings Inc. in the sale of its clay-based additives business to Germany's Altana Group
  • Rockwood Holdings Inc. in reaching an agreement to sell its titanium dioxide and performance additive businesses for US$1.1 billion
  • Greenbriar Equity Group in its acquisition of railroad maintenance equipment and services company Nordco from the private equity arm of the Ontario Municipal Employees Retirement System
  • ACT Teleconferencing in its sale to Premiere Global Services
  • Greenbriar Equity Group in its acquisition of Transplace, the Texas logistics firm for the trucking industry, from an affiliate of CI Capital Partners, a New York-based private equity firm
  • Innovative Power Solutions, a US manufacturer of electrical power generators and converters used primarily in military aircraft, in its sale to Zodiac Aerospace, a world leader in aeronautical equipment and systems headquartered in France
  • Greenbriar Equity Group LLC in its acquisition of PetroChoice from KRG Capital
  • Benihana Inc. in its acquisition by Angelo, Gordon & Co.
  • Cenveo Inc. in the sale of its forms and business documents group to Ennis, Inc.
  • Mizkan Americas, a leading condiment manufacturer, in its acquisition of Border Foods Inc. from Ares Capital
  • Bridas Corporation in its US$7 billion acquisition of BP's stake in Pan American Energy
  • Royalty Pharma in its joint acquisition of Cypress Bioscience Inc. with Ramius LLC
  • Max Capital Group Ltd. in its merger with Harbor Point Re Ltd.
  • Marathon Acquisition Corporation in its acquisition of Global Ship Lease Inc.
  • Pfizer Inc. in its acquisition of Vicuron Pharmaceuticals Inc.
  • StorageTek in its acquisition by Sun Microsystems Inc.
  • Procter & Gamble Company in its acquisition of The Gillette Company
  • Pfizer Inc. in its acquisition of Pharmacia Corp.
  • TeleCorp PCS Inc. in its merger with AT&T Wireless Services Inc.
  • The Special Committee of the Board of Directors of the Houghton Mifflin Company in Vivendi Universal's cash acquisition of Houghton Mifflin stock
  • Quaker Oats Company in its merger with PepsiCo Inc.
  • TeleCorp PCS Inc. in its double dummy merger with Tritel Inc. and simultaneous asset swap with AT&T
  • Numerous investment banks, private equity funds and hedge funds in connection with their acquisition of portfolio companies and strategic investments

Securities Offerings, Financing and Other Transactions

  • B. Riley Securities as sole bookrunner of the US$1.025 billion underwritten public offering of Bed Bath & Beyond (NASDAQ: BBBY) Series A convertible preferred stock and warrants
  • B. Riley Securities as sole placement agent in the private placement of US$53.4 million of Series A preferred stock and warrants of Ribbon Communications (NASDAQ: RBBN), a global provider of real-time communications technology and IP optical networking solutions
  • TTM Technologies, Inc. (NASDAQ: TTMI), a leading global printed circuit board (PCB) manufacturer, on the execution of a definitive agreement to divest four manufacturing plants comprising substantially all of the assets of its Mobility business unit as a separate enterprise for US$550 million in cash consideration
  • Franklin Advisers, as investment manager, in a series of successful refinancing transactions aggregating more than US$3 billion, relating to a large health care provider in the United States. These runway-enhancing transactions included an exchange and tender offer for a series of notes and a fully backstopped tack-on debt offering.
  • Major financial services institution as administrative agent in a US$500 million syndicated secured revolving credit facility for entertainment production company
  • Global investment firm on its purchase of a portfolio of more than US$500 million in prime fixed-rate consumer automobile loans secured by new and used cars and light trucks, and on the financing of the assets via a secured term loan
  • Financial services institution on a US$70 million secured credit facility to renowned production company, to finance streaming films and episodic content
  • Leading financial institution in its tax equity investment in a wind power project developed by multinational energy company. The project is expected to be able to provide electricity to nearly 60,000 homes.
  • Multiple leading financial institutions in connection with construction and tax equity bridge loans totaling approximately US$170 million with regard to a solar power project
  • Global investment firm and venture capital firm in a GP-led direct secondary transaction involving more than a dozen different fund vehicles selling interests in several VC-backed portfolio companies
  • Global investment firm in a joint venture formed to hold equity-notes in an orphan company established to finance aircraft leased to one of the world's largest air carriers
  • Entertainment brand management company in creation of, and multiple draw-downs under, a securitization facility to acquire and hold music rights from notable artists
  • Envy Gaming, Inc. in the addition of multi-platinum, award-winning artist Post Malone to its ownership group
  • AMC Networks as underwriters' counsel in connection with AMC's US$800 million senior notes offering and represented the joint lead arrangers, administrative agent and collateral agent in connection with AMC's US$1.25 billion senior secured credit facility
  • Air Lease Corporation and the issuers in connection with a US$344.7 million offering that launched ALC's Thunderbolt platform
  • Tennenbaum Capital Partners LLC in a US$100 million engine financing facility to Mesa Air Group Inc., a regional airline
  • Blackbird Capital I in an US$800 million aircraft lease ABS securitization, the proceeds of which will be used by Blackbird to acquire a portfolio of 19 aircraft
  • Underwriting group for an US$800 million public debt offering by CBS Corp. to repurchase shares and pay down short-term debt
  • United Airlines Inc. in issuances of US$949 million pass-through trust certificates, series 2014-1 and US$929.3 million pass-through trust certificates, series 2013-1
  • Philippine Airlines Inc. in connection with a US$9.5 billion order for 65 aircraft in what is the largest aviation purchase in Philippines history
  • Banco Regional SAECA, one of Paraguay's largest banks, in its issuance of US$300 million senior notes due 2019
  • A leading financial institution as initial purchaser and sole structuring agent in a US$636.21 million asset-backed securitization sponsored by Dublin-based Avolon Aerospace Leasing Limited
  • Air Lease Corporation in connection with its inaugural financing with the Export-Import Bank of the United States
  • Goldman Sachs as bookrunner and structuring agent in a US$587.5 million transaction involving Emirates and Doric—Airfinance Journal's "Innovative Deal of the Year"
  • Goldman Sachs as arranger in connection with Guggenheim Partners' purchase of US$1 billion worth of aviation loans from AerCap Holdings—Airfinance Journal's "Capital Markets Deal of the Year"
  • A leading financial institution in the formation of its aircraft leasing joint venture with Dublin-based Avolon—Airfinance Journal's "Equity Deal of the Year"
  • Syndicate of major financial institutions in connection with a US$500 million senior secured trade-related facility agreement for the Brazilian producer and Macao trading subsidiaries of Sateri International Group
  • Major Brazilian steel conglomerate as borrower in connection with a US$3 billion revolving credit facility transaction
  • HSBC Securities Inc. and Société Générale as joint leader arrangers in two loan facility transactions for a Brazilian pulp and paper group aggregating US$2.65 billion BNP Paribas, Goldman Sachs and JPMorgan as lead underwriters in the public offer of US$500 million of debt securities of Viacom Inc.
  • Cenveo Corporation in the private placement of US$225 million high-yield debt securities and US$75 million of exchangeable debt securities placed by Bank of America, and the simultaneous tender offer for three series of high-yield debt securities
  • Morgan Stanley et al. as lead underwriters in the public offering of US$750 million of debt securities of Viacom Inc.
  • Lorillard Inc. in the public offering of US$500 million senior notes
  • Alterra Finance LLC in its offering of US$350 million aggregate principal amount senior notes
  • Greenlight Capital Re Ltd. in its initial public offering
  • TeleCorp PCS Inc. and Tritel Inc. in multiple high-yield debt offerings totaling over US$1 billion
  • Corporations, partnerships and high net-worth individuals in connection with their Internal Revenue Service ruling requests, audit preparation and defense and other tax controversy matters

Admissions

Bar Admissions

  • New York

Education

  • University of Michigan Law School, J.D., 1999
  • Boston College, B.A., 1996

Honors & Awards

  • Recognized by Chambers USA as Practitioner for Tax in New York (2016-2019)
  • Recognized by The Legal 500 US for Tax (2015-2018, 2020-2022)

Professional Activities

Member

  • New York State Bar Association, Tax Section

Author

  • Carried Interest Tax Rules Could Bring Legal Fights for Treasury,” Bloomberg Tax (August 2020)
  • Structuring Carried Interest After U.S. Tax Reform,” Bloomberg Tax (September 2018), Tax Management Memorandum, Vol. 59. No. 21 (October 15, 2018) (expanded version)
  • “A Guide to the New, Improved Section 355(e) Regulations,” Mergers and Acquisitions, 3, no. 4 (August 2002), Swartz, Linda Z. and Alexander F. Anderson
  • “New, Improved ‘Anti-Morris Trust’ Regulations Regarding Tax-Free Spin-offs and Related Mergers and Acquisitions,” The M&A Lawyer, 5, no. 1 (May 2001), Swartz, Linda Z. and Alexander F. Anderson

Speaker

  • “Corporate Selection and Formation,” Bedford Stuyvesant Restoration Corporation Entrepreneurial Empowerment Workshop Series (May 2019)
  • “Opportunity Zones in Sports,” Opal Group Real Estate Investment Summit 2019 (April 2019)
  • “Carried Interests After TCJA,” USC Gould School of Law 2019 Tax Institute (January 2019)
  • “Current Developments in Transportation Asset Backed Securitizations,” Committee of Banking Institutions on Taxation’s (CBIT) 46th Annual Fall Tax Day (November 2015)