Experience
Filteren-
mei
2023 ———Ruben Leeuwenburgh and Mark Mouthaan have advised a retail company on its successful financial restructuring, resulting in a debt reduction from € 63 million to € 15 million.
Insolventie en herstructurering -
jul
2022 ———Marcel Windt has been appointed restructuring expert (herstructureringsdeskundige) by a Dutch court in undisclosed Dutch Scheme (WHOA) proceedings involving of a group of companies aiming to restructure over € 30 million of debt.
Insolventie en herstructurering -
jun
2022 ———We have acted for a leisure and events company on its financial restructuring resulting in a distressed takeover of the company and a € 30 million to € 15 million debt reduction. The undisclosed Dutch Scheme (WHOA) proceedings were leveraged to reach a consensual deal.
Financiering en zekerheden Insolventie en herstructurering -
mrt
2022 ———Richard le Grand has been appointed as monitor of Vendo Nederland B.V. by the Rotterdam court and has subsequently been appointed as restructuring expert. As monitor he has supervised the public Dutch scheme proceedings and as restructuring expert he is authorised to offer a scheme of composition (restructuring plan) to creditors and to request that the court sanctions the scheme.
Insolventie en herstructurering -
feb
2022 ———We have acted for a PE portfolio company on the restructuring of a lease resulting in a reoccurring sub-lease vacancy risk reduction and reoccurring cost reduction against financial support of the sponsor and bank. The Dutch Scheme (WHOA) was leveraged to reach a consensual deal.
Financiering en zekerheden Insolventie en herstructurering -
dec
2021 ———We have acted for Tennor Holding B.V. in the appeal proceedings against its bankruptcy. Tennor has paid all operational creditors and has agreed ‘standstill’ arrangements with all its financial creditors. The Court of Appeal in Amsterdam accepted Tennor Holding B.V.’s argument that herewith the ‘insolvency situation’ was resolved and the bankruptcy was annulled on that basis.
Financiering en zekerheden Insolventie en herstructurering Insolventie en herstructurering / International engagements -
nov
2021 ———Appointed as liquidator (vereffenaar) of IHC B.V., former owner of Royal IHC, a world leading shipbuilder, Creating the maritime future - Royal IHC
Insolventie en herstructurering Insolventie en herstructurering / International engagements -
okt
2021 ———Assisting Stibbe Management in certain aspects of the acquisition of Stork Plastic Machinery. See: Stork IMM Spuitgietmachines | Injection Moulding Machines
Corporate / M&A Insolventie en herstructurering -
jul
2021 ———Distributed the final round of the EUR 300 million dividend to the KPNQwest N.V. creditors, constituting the termination of the bankruptcy of this AEX listed multinational, after nearly 20 years. See: KPNQwest - Wikipedia
Insolventie en herstructurering -
jun
2021 ———Assisting the non-executive board of New Office Centre in the refinancing and sale of NOCB (ex Staples) to a fund of distressed and hands-on investor Standard Investments. See: Nieuwe eigenaar voor moederbedrijf Staples - RetailNews (retailtrends.nl)
Corporate / M&A Insolventie en herstructurering -
mei
2021 ———We have advised Tennor Holding B.V., on its agreement with certain of its material creditors to restructure financial indebtedness of the Tennor Group and certain affiliated entities. The restructuring will include the issuance of EUR 1,450,000,000 First Super Senior Secured Notes by Tennor Holding B.V. and, subject to conditions, the transfer of certain existing equity securities of the Tennor Group which are currently held by creditors and the cancellation, subject to conditions, of existing bonds of the Tennor Group and certain of its affiliates which are currently held by creditors. For more information see: https://tennor.com/tennor-group-agrees-to-restructuring-of-financial-indebtedness-with-material-creditors/
Financiering en zekerheden Insolventie en herstructurering Insolventie en herstructurering / International engagements -
mei
2021 ———Acting for two shareholders in the restructuring and refinancing of Dümmen Orange, https://emea.dummenorange.com/site/nl.
Corporate / M&A Insolventie en herstructurering -
mei
2021 ———Acting for The Coatinc Company, Het oudste familiebedrijf van Duitsland | The Coatinc Company, active in a.o. surface technologies of hot-dip galvanisation and coating processes in replacing management of certain of its opco’s, and assisting in implementing a strategic re-orientation of Dutch parts of the group.
Arbeidsverhoudingen en onderneming Insolventie en herstructurering -
mrt
2021 ———Acting as bankruptcy trustee of Verolme Holding B.V. and its subsidiaries, the industrial heritage of the world leading shipbuilder as established by legendary enterpreneur Cornelis Verolme. For some publicity about the new start of the activities see: Verolme Moerdijk weer op de been na faillissement
Insolventie en herstructurering Insolventie en herstructurering / International engagements -
jan
2021 ———Acting for a provider of horticulture technology on its financial restructuring, including an amendment of its Senior Facilities Agreement with one of the leading Dutch banks and the structuring of a Subordinated Loan.
Financiering en zekerheden Insolventie en herstructurering -
okt
2020 ———Acting for Gemeente Hoeksche Waard in protecting its interests in the demise of medical equipment supplier HMC.
Insolventie en herstructurering -
mei
2020 ———Acting for the management participation vehicle in the restructuring of IHC Merwede Holding, one of the largest Dutch shipbuilders, whereby the shares in IHC were acquired by a consortium of strategic parties and investors, supported by the Dutch State. Our instruction commenced early 2019 when we advised the management participation vehicle on the EUR 1.6 billion refinancing of IHC Merwede Holding.
Corporate / M&A Financiering en zekerheden Insolventie en herstructurering Insolventie en herstructurering / International engagements -
jan
2020 ———Acting for Mercon, a service provider for tank and industrial support in maintenance and constructing projects, in optimizing its capital structure.
Corporate / M&A Financiering en zekerheden Insolventie en herstructurering -
dec
2019 ———Acting for Quick Parking Holding, a Dutch parking multinational, in its refinancing.
Financiering en zekerheden Insolventie en herstructurering -
nov
2019 ———Assisting Fitland Group in stakeholder management after the divestment of its hotel and fitness facilities to Fletcher Group and Basic-Fit.
Insolventie en herstructurering -
mei
2019 ———Assisting Roto Smeets Group, part of a group with a EUR 1 billion turnover and one of the largest Dutch print businesses, in its restructuring and subsequent bankruptcy liquidation.
Insolventie en herstructurering -
apr
2019 ———Assisting the municipality of Enschede in helping Dutch premier league football club FC Twente with its successful bid to survive a period of prolonged financial distress.
Europees recht, staatssteun en mededingingsrecht Insolventie en herstructurering -
mrt
2019 ———Appointed to effect the administration (and ultimate closure) of the Europe Islamic University of Applied Sciences, a politically sensitive case conducted in full public view.
Insolventie en herstructurering -
feb
2019 ———Finalising the liquidation of the last Dutch Enron entities, following arguably the highest profile collapse in recent history, a mandate in which we were involved since 2004.
Insolventie en herstructurering -
jan
2019 ———Appointed as the administrator of Eye Media, a group of television production companies making programmes for some of the main broadcasting channels, including the popular RTL4.
Insolventie en herstructurering -
dec
2018 ———Acted for Rabobank on the collection of a receivable, pledged in its favour. In court proceedings in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed the objection both in the first instance and on appeal.
Financiering en zekerheden Insolventie en herstructurering -
sep
2018 ———Acted for BB Capital, a Dutch private equity firm, in its dispute with a trustee over the bankruptcy of De Combi Group. Proceedings before the Rotterdam court after submission of several procedural injunctions.
Corporate litigation Insolventie en herstructurering -
aug
2018 ———Acted as legal counsel for a Japanese listed company (net sales of approx. €1.9 billion) in order to avoid the requested reopening of the liquidation process of one of its Dutch subsidiaries.
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jul
2018 ———Acted for ECR - European Care Residences and Resorts with over 500 employees - on the restructuring and integration of its care and hospitality facilities into Blueprint Group.
Corporate / M&A Insolventie en herstructurering -
jun
2018 ———Assisted Dutch retail chain Men at Work in the run-off and divestment of its (60) stores, HQ, stock and brands.
Insolventie en herstructurering -
mei
2018 ———Defended Baars Beheer, an offshore and industrial company, based in Sliedrecht, active in construction, lease and sale of container pontoons and Split Hopper barges. Dispute conducted before the Enterprise Chamber. All charges were refuted and the company’s counter petition to intervene in the supervisory board was accepted.
Corporate litigation Insolventie en herstructurering -
mei
2018 ———Assisted AMST, an the Austrian family-owned soft- and hardware development company for the aviation industry, to acquire the then insolvent Simteq simulator, software and technology business for both Boeing 737 and Airbus A320.
Corporate / M&A Insolventie en herstructurering -
feb
2018 ———Acted initially as receiver and subsequently as a Court appointed bankruptcy Trustee in the wind-down of Pyroban Benelux B.V., the Dutch arm of a former Caterpillar business line specialising in explosion protection engine kits, components to engine OEMs and packagers in the oilfield markets.
Insolventie en herstructurering -
jan
2018 ———Assisted Varova Fashion Group now known as Brand Retail Group (110 stores, 1500 people employed, €140m revenue p/a) and Standard Investment (as a shareholder) in negotiating an Amendment and Restatement relating to a Loan Facility Agreement with senior credit provider HIG WhiteHorse. Varova now focuses on its most successful brands Sissy Boy, Open 32 and Tumble ’n Dry. For news click here.
Financiering en zekerheden Insolventie en herstructurering Insolventie en herstructurering / International engagements -
sep
2017 ———Represented the CRO before the Enterprise Chamber in a corporate dispute over the restructuring of VADA, a metal recycling business. All charges were refuted. For the Court decision click here.
Corporate litigation Insolventie en herstructurering -
aug
2017 ———Advised the Profireal Group SE board on certain accounting matters. Profireal Group is a multinational company providing credit and financing services in Central and Eastern Europe with consolidated assets of approximately €400m.
Insolventie en herstructurering -
jun
2017 ———Advised the Flextra Group shareholders on the group’s restructuring and subsequent buy-out. Flextra is a temporary employment agency in the construction sector with approximately 1500 employees.
Corporate / M&A Insolventie en herstructurering -
mei
2017 ———Acted for management and owners of Verkerk Groep (technical installations) in minimising business interruption by selling the business to the French multinational Vinci Energies.
Corporate / M&A Insolventie en herstructurering -
mei
2017 ———Acted for (approx.) €120m turnover passenger transport organisation regarding its bank and the winding up of an unfortunate foreign investment.
Financiering en zekerheden Insolventie en herstructurering -
mei
2017 ———Assisted the management of education administrative support company Vizyr now known as ONS (serving 400 schools and 8000 teachers/educational employees) to attempt to resolve a commercial contract cancellation with its main customer.
Commerciële contracten en procesrecht Insolventie en herstructurering -
apr
2017 ———Assisted in the restructuring and refinancing of a heavy lifting and heavy shipping business.
Financiering en zekerheden Insolventie en herstructurering -
feb
2017 ———Acted as co-counsel for a former owner/director of one of the largest Dutch flight training schools in defending his interests against the administrators of the training school in a successful business mediation.
Corporate litigation Insolventie en herstructurering -
jan
2017 ———Acted as a legal counsel advising various municipalities with a professional football club within their municipal territory on state aid aspects when the municipality is involved with buying, selling, restructuring and building a stadium. The area of state aid often goes with other practice areas, such as restructuring, insolvency and corporate law.
Europees recht, staatssteun en mededingingsrecht Insolventie en herstructurering -
jan
2017 ———Acted as the court appointed bankruptcy trustee for the Dutch arm of Fontijne Grotnes group, one of the world’s leading innovative equipment manufacturers and headquartered in Vlaardingen. Fontijne has facilities in Vlaardingen, The Netherlands and in Niles, Michigan, USA, in addition to regional sales and service offices in China, Korea, Japan, India and Russia.
Insolventie en herstructurering -
dec
2016 ———Advised on group restructuring and subsequent equity participation in a shipyard.
Corporate / M&A Insolventie en herstructurering -
okt
2016 ———Acted for a family-owned retail chain in relation to participation in the company by a private-equity-owned foreign strategic investor.
Corporate / M&A Insolventie en herstructurering -
sep
2016 ———Acted as Dutch counsel for (several parts of) a financial institution holding substantial amounts of fixed rate bearer notes issued by PTIF BV and guaranteed by Oi S.A. under their € 7,500,000,000.00 Medium-Term Note Programme.
Financiering en zekerheden Insolventie en herstructurering Insolventie en herstructurering / International engagements -
aug
2016 ———Assisted management in both turnaround and balance sheet restructuring of Cleanlease - annual turnover €130m - a group of companies active in leasing and laundering of linens and clothing. The assignment encompassed protection of secured refinancing against an injunction before the Enterprise Division of the Amsterdam Court of Appeal; for the decision click here.
Insolventie en herstructurering -
jul
2016 ———Successfully advised the municipality of Eindhoven on state aid procedure (article 108(2) TFEU) in respect of the sale-and-lease-back transaction between the municipality and the professional football club PSV. On 4 July 2016, the Commission decided that the measure of the municipality in favour of PSV did not constitute state aid in the meaning of 107(1) TFEU (PbEU 19.10.2016, L282/75).
Europees recht, staatssteun en mededingingsrecht Insolventie en herstructurering -
jul
2016 ———Acted as court-appointed director of the Centre for the development of logistics and transport in Europe (CETLE), a foundation involved in EU-supported transport related projects.
Insolventie en herstructurering -
mei
2016 ———Acted as bankruptcy trustee of the MS Megan-C, a €20m, 9,530 tonne (DWT) multipurpose vessel, built in 2011 and registered on the Isle of Man.
Insolventie en herstructurering -
apr
2016 ———Acted for Coface and Glencore Grain in relation to (the bankruptcy of) Abengoa Bioenergy Netherlands B.V., a large bio-ethanol producer. Part of the Abengoa Group, a Spanish multinational corporation, it holds companies within the energy, telecommunications, transportation and environment sectors, with 13,341 employees and showing €330m turnover as of March 2019.
Financiering en zekerheden Insolventie en herstructurering Insolventie en herstructurering / International engagements
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mrt
2016 ———Acted for the municipality of Enschede in the rescue of premier division FC Twente and for the municipality of Venlo in the refinancing of second division football club VVV Venlo.
Europees recht, staatssteun en mededingingsrecht Insolventie en herstructurering -
feb
2016 ———Acted as counsel to Great American in its tender for the winding-up of V&D and Macintosh.
Insolventie en herstructurering -
jan
2016 ———Acted as bankruptcy trustee of VLM Nederland B.V., a flight crew entity employing 75 people.
Insolventie en herstructurering -
dec
2015 ———Acted as defence counsel to one of the non-executive board members in the D&O settlement with the trustee of the listed and bankrupted small-cap Innoconcepts.
Corporate litigation Insolventie en herstructurering -
okt
2015 ———Acted as one of the bankruptcy trustees over Rijnmond Energy, an 820 megawatt and €0.5 billion, base load power plant in the Rotterdam area.
Insolventie en herstructurering -
sep
2015 ———Acted for a general hospital (annual turnover €300m) in the structuring to optimise its private initiatives, both from a tax and a governance perspective.
Corporate / M&A Insolventie en herstructurering -
jun
2015 ———Acted on behalf of De Viersprong, a highly specialised mental healthcare institute (GGZ) employing over 300 people, in its successful standstill and turnaround negotiations with its financiers, institutional creditors, the WFZ (healthcare guarantee sector fund) and the relevant healthcare insurers.
Insolventie en herstructurering -
mei
2015 ———Acted for Great American in the successful bid for the bankrupted Schoenenreus business.
Insolventie en herstructurering -
jan
2015 ———Acted for Alteri in the bidding process for bankrupted retailer Mexx.
Insolventie en herstructurering -
dec
2014 ———Acted as envisaged bankruptcy trustee/prepack administrator for healthcare institute STMG (3000 people employed), contributing to its entirely solvent liquidation and divestment process within a four months’ timeframe.
Insolventie en herstructurering -
nov
2014 ———Appointed on an annual basis as trustee of OW Bunker and OW Global Trading, two OW Bunker subsidiaries with an annual turnover of €1.5 billion. OW Bunker is one of the world's biggest players in oil bunkering.
Financiering en zekerheden Insolventie en herstructurering Insolventie en herstructurering / International engagements -
okt
2014 ———Acted for the lessor and owners of bankrupted Nedstaal, one of the world’s leading production facilities of steel and ball bearings for the automotive manufacturing industry.
Insolventie en herstructurering -
sep
2014 ———Acted for an educational institute to address fundamental strategic issues.
Insolventie en herstructurering -
aug
2014 ———Acted as silent trustee over a financially regulated company active in the leisure industry to oversee its refinancing for the foreseeable future.
Insolventie en herstructurering -
jun
2014 ———Advised an ad hoc committee of bondholders on Dutch law aspects of an international restructuring.
Insolventie en herstructurering Insolventie en herstructurering / International engagements -
mei
2014 ———Engaged to assist a parental initiative in successfully restarting a failed yet unique day care centre, being the oldest one in Rotterdam.
Insolventie en herstructurering -
apr
2014 ———Acted on a pro bono basis to help an employees' initiative to restart iconic Rotterdam bookstore 'Donner'.
Insolventie en herstructurering -
mrt
2014 ———Acted as trustees in the bankruptcy of KPNQwest N.V., a top 25 AEX listed telecommunication company with a €2.2 billion deficit, in a lawsuit against its parent, joint venture partners Qwest Communications and KPN and certain executive and non-executive directors. After years of litigation on both sides of the Atlantic, the matter was settled for €260m, possibly the largest D&O liability settlement on Dutch territory to date.
Insolventie en herstructurering Insolventie en herstructurering / International engagements -
dec
2013 ———Acted in a bond restructuring for the management of a Dutch holding company of a power electronics and PV inverter manufacturer.
Insolventie en herstructurering Insolventie en herstructurering / International engagements -
aug
2013 ———Acting as co-trustee in the restart of lingerie brand Marlies Dekkers.
Insolventie en herstructurering -
mei
2013 ———Acted for a privately owned outplacement and re-employment company on loan term negotiations with its lenders.
Insolventie en herstructurering -
mei
2013 ———Advised a global player in the oil and chemical services industry, successfully steering the company clear of insolvency.
Insolventie en herstructurering -
apr
2013 ———Advised the shareholders of a biogas plant on the various restructuring options for the company.
Insolventie en herstructurering -
jan
2013 ———Assisted High Speed Alliance and Dutch National Railways to reach a temporary replacement for the Fyra line to Brussels.
Insolventie en herstructurering -
nov
2012 ———Assisted Allianz in reaching a settlement in international (Canadian) litigation involving a Dutch insolvent insured party.
Insolventie en herstructurering -
okt
2012 ———Advised NedCar in its successful rescue through a deal with BMW and VDL.
Insolventie en herstructurering -
sep
2012 ———Advised TBI Holdings on supply issues caused by the insolvency of a subcontractor to one of its business units.
Insolventie en herstructurering -
aug
2012 ———Acted for the Dutch part of the US Chapter 11 restructuring of ATP Oil & Gas, a Houston-based developer of oil and natural gas in the Gulf of Mexico and the North Sea.
Insolventie en herstructurering -
jul
2012 ———Acted as lead counsel for TBI Holdings, a major Dutch construction company, in the successful acquisition of mid-size bankrupted building company Groothuis.
Insolventie en herstructurering -
jun
2012 ———Acted for the Pink & Nelson management in the successful governance stabilisation of its business.
Insolventie en herstructurering -
feb
2012 ———Acted for Dutch National Railways in the restructuring of the HSL-Zuid (high speed) activities.
Insolventie en herstructurering -
dec
2011 ———Acted as counsel to a listed Dutch multinational, active in the field of nutritional supplements, to assure continuity in the services of one of its key suppliers.
Insolventie en herstructurering -
dec
2011 ———Acted as bankruptcy trustee in the liquidation of Atta Makelaardij, historically one of the larger, regional real estate agents.
Insolventie en herstructurering -
nov
2011 ———Acted for the management of the Dutch finance company of Q-Cells in the restructuring (and sale) of the German solar energy equipment producer Q-Cells SE, a company with, at the time, an annual turnover of €1 billion and employing 2,000 people.
Insolventie en herstructurering Insolventie en herstructurering / International engagements -
apr
2011 ———Acted as Dutch counsel to the REIT’s facility agent holding parts of the Karstadt Quelle real estate portfolio.
Insolventie en herstructurering Insolventie en herstructurering / International engagements -
mrt
2011 ———Acted for Gemeente Amsterdam to resolve issues for Stedelijk Museum following the bankruptcy of building company Midreth.
Insolventie en herstructurering -
feb
2011 ———Acted as liquidator in the solvent liquidation of one of the largest Spanish co-operative firm’s holding companies.
Insolventie en herstructurering