Dr. Marco Wilhelm

Marco Wilhelm is a highly experienced and respected transactional and restructuring lawyer. He advises often in complex and cross-border situations and acts for borrowers, secured and unsecured creditors, distressed, private equity and strategic investors and shareholders, family-owned businesses, as well as for trustees, advisory and accounting firms. He also regularly advises the management and the boards regarding their duties in financially distressed situations.

Highlight advised:

• Austrian real estate companies SIGNA Prime Selection AG and SIGNA Development Selection AG in respect of its Germany subsidiaries.
• Family owned drinking glasses manufacturer on its restructuring including a complete refinancing, investor process and state aid.
• Ad-hoc-steering committee on Genting Hong Kong’s highly-complex US$3.5 billion restructuring.
• International US based investment bank as creditor and as member of the creditors’ committee of insolvent IVG Immobilien AG in self-administration proceedings, including filing of claims, preparation and content of insolvency plan, insider trading and defense against challenge claims.
• Global specialty chemicals company Albemarle on the sale of two sites of its subsidiary Dynamit Nobel GmbH, in Fürth and Sulzbach-Rosenberg to the ammunition and pyrotechnics manufacturer RWS GmbH.
• Lear Corporation, a global automotive technology leader in Seating and E-Systems, on the acquisition of I.G. Bauerhin (IGB).
• Hauck & Aufhäuser on the acquisition of Bankhaus Lampe.
• Worldwide Flight Services (WFS) on the acquisition of a majority of shares in Fraport Cargo Services (FCS) from Fraport, including Joint Venture structure.
• Listed chemical company on the global separation of a business unit.
• Restructuring of family owned corporate structure including the establishment of a charity fund and a succession structure.

Restructuring, Refinancing, Bankruptcy & Insolvency (selection)

Advised:

• Large German based international logistic company on several insolvencies of key supplier and customers.
• Tier-1 automotive supplier in relation to the debtor-in-possession insolvency proceedings of Gienanth Group and the subsequent sale of Gienanth’s assets to investor DIHAG.
• Leading listed food manufacturer in the insolvency of its utility company.
• Leading listed food manufacturer in the potential insolvency of a critical supplier.
• US investment fund as majority creditor in the cross-border, debtor-in-possession insolvency proceedings of Arlington Germany GmbH and Arlington Automotive Group.
• German bank on the outsourcing of pension liabilities including conclusion of contractual trust arrangements (CTA).
• US group entity in the insolvency proceeding of its parent entity of a global engineering and plant manufacturer including M&A process.
• Bank on the financing of a tourism group with, among others, KfW programmes of the COVID-19 pandemic.
• Several companies on the financing with KfW programmes of the COVID-19 pandemic.
• Mail order fashion company based in Bavaria on its restructuring and refinancing.
• Wilmington Trust (London) Limited as security agent in relation to the acquisition of the Ideal Standard group, a multinational bathroom furniture and accessories manufacturer, by funds Anchorage and CVC.
• US Bank Trustees Limited as security trustee in respect of the sale of the German tire retail and fast-fit chain Auto-Teile-Unger (ATU) group to Mobivia Groupe. The sale was preceded by a restructuring of ATU group’s US$300 million plus debt, with security granted across nine jurisdictions, and involved the appointment of partners at FTI Consulting as provisional liquidators on the Cayman Islands.
• International Australian based investment bank on the acquisition of distressed debt, restructuring and enforcement road toll infrastructure company.
• Ground-handling company with respect to the protective shield proceeding of Condor Flugdienst GmbH and with regard to the insolvency proceedings of Germania Flugdienst GmbH.
• Various trustors in connection with the conclusion of contractual trust arrangements (CTA).
• Service provider in the gambling industry on questions of restructuring law.
• International US based investment bank in connection with the restructuring and bridge financing of a fashion company.
• Financial investor as secured lender in the context of the insolvency of an automotive group, in particular on avoidance issues.
• Asian sourcing, logistic, distribution and retailing group in the insolvency proceeding concerning the assets of Galeria Karstadt Kaufhof.
• Several tire manufacturers in the insolvency of the Fyntire group.
• Big Four accounting firm as security trustee in the insolvency proceedings of Vivacon AG and several of its issuers of notes including filing of claims, enforcement of security, rights and obligations of a trustee and avoiding self-administration.
• KPMG as liquidators of certain Lehman Brothers companies in Asia (Lehman Brothers Asia Holdings Ltd., Lehman Brothers Asia Ltd., Lehman Brothers Futures Asia Ltd., Lehman Brothers Securities Asia Ltd.) in connection with the insolvency of Lehman Brothers Bankhaus AG in Germany as well as advising on possible claims for compensation against the Deposit Protection Fund of the Association of German Banks.
• Financial institution on insolvency law and restructuring in the financial crisis and the insolvency of its debtor, a company in the metal-working industry, including standstill and waiver agreement with debtor warrant, subordination, debt equity swap, management buy-out and liquidation of collateral in an insolvency proceeding as well as defense against challenge claims.
• Sourcing, logistic, distribution and retailing Asia based Li & Fung group and suppliers procured by Li & Fung in the insolvency proceedings of the Arcandor group (Karstadt, Quelle), DWW Woolworth Deutschland GmbH & Co. KG and Neckermann including defense against challenge claims and acted as administrator of a supplier pool as well as trustee.
• ’’Leading family-owned German company in the wood industry with numerous financers regarding the refinancing and restructuring of the group including mezzanine structures.
• Trustee regarding master documents for contractual trust arrangements (CTA) in various structures, including insolvency remote certificate and insolvency law equivalency certificate.
• Leading family-owned European tissue producer on its inaugural EUR 275 million offering of senior secured (high yield) notes pursuant to Regulation S and Rule 144A and on the listing of the notes on the Euro MTF market of the Luxembourg Stock Exchange in the course of the financial restructuring. Furthermore, advised on all following subsequent refinancing transactions by way of offering senior secured (high yield) notes.
• Various trustees regarding master documents for contractual trust arrangements (CTA) in various structures, including certificates on insolvency remoteness and insolvency equivalency.

M&A Distressed, M&A and Joint Ventures (selection)

Advised:

• Family owned sawmill group on the acquisition of a pellet plant.
• Tissue manufacturer on the acquisition of distressed Kübler & Niethammer Papierfabrik Kriebstein GmbH.
• Powerfleet on the acquisition of Movingdots from Swiss Re.
• Aptos on the sale of its supply chain management business unit to TESISQUARE.®
• Tourism group on the potential acquisition of certain assets of the insolvent Thomas Cook group.
• Lear Corporation on acquisition of Kongsberg Automotive’s Interior Comfort Systems Business Unit.
• German based private bank on a joint venture regarding asset management.
• Listed international chemicals company on the sale of its German and Austrian subsidiaries.
• MacLean-Fogg Company on the sale of Presswerk Krefeld to HANNOVER Finanz as new equity investor and majority shareholder as part of a management buy-out.
• Listed international Fortune 500 first-tier automotive supplier on several M&A projects.
• A listed international Fortune 500 first-tier automotive supplier in the contribution of its automotive interior business to a joint venture company.
• On the sale of a minority participation in a paper manufacturer by capital increase and the buy-back of this participation.
• PE-Investor on the acquisition of Sequa Automotive Group (involved countries: Brazil, Canada, China, Germany, Italy, Luxembourg, Mexico, Tunesia, USA).
• French based medical diagnostic company in a distressed M&A transaction that involved the purchase of Profos AG’s assets out of insolvency. Legal advice included formation and implementation of joint venture structure with other investors, followed by several acquisitions of the shares of the other investors.
• Leading European tissue paper manufacturer WEPA group on the purchase of its competitor Kartogroup. This cross-border distressed M&A transaction involved the acquisition of Kartogroup group companies in Germany, France and Italy out of a special Italian insolvency proceeding (Concordato Preventivo (CP)). It was for the first time ever that CP proceedings were used in a transaction with cross-border context.
• Shanghai Fosun Pharmaceutical Group on the acquisition of a minority interest in miacom Diagnostics GmbH, Düsseldorf, as well as on the conclusion of a cooperation agreement.
• German subsidiary of the automotive supplier Lear Corporation, USA, on the acquisition of GHW Grote & Hartmann GmbH & Co. KG including subsidiaries, a leading European manufacturer of electrical wiring and components for motor vehicles.
• Beijing Automotive (BAIC) on the bidding process for the acquisition of Opel from General Motors.

Corporate and Commercial (selection)

Advised:

• PE owned automotive supplier on the corporate restructuring of its German group including closure of production sites of the German subsidiaries.
• US based listed international chemicals company in connection with several international corporate restructuring projects including several capital increases in kind.
• Leading family-owned European tissue paper manufacturer on implementation of a SE holding structure, accretions, restructuring measures pursuant to the German Transformation Act as well as on implementation of a succession model for the next generation.
• German bank on the liquidation of an investment subsidiary.
• German affiliates of a listed US automotive supplier on several corporate restructuring projects of its German group.
• Ongoing corporate and commercial advice to a new German car manufacturer (OEM).
• International glass manufacturer, including warranty and product liability issues as well as supply, consignment stock, toll manufacturing and other types of agreements.
• German affiliates of a listed US automotive supplier, including advice on warranty and product liability issues, recalls as well as supply, warranty, development, consignment stock, license, service, logistics, joint venture and other types of agreements.
• Leading tire manufacturer including warranty and product liability issues, recalls as well as supply, warranty, license, service, worldwide logistics and other agreements.
• Premium listed food company including drafting general terms and conditions, advice on warranty issues, supply, logistic and other agreements.
• Listed US based international chemical company.
• Family-owned sawmill group.
• Ongoing commercial law advice to a leading tire manufacturer including warranty and product liability issues, recalls as well as supply, warranty, license, service, worldwide logistics and other agreements.

• "Recommended lawyer" in the area of Restructuring – Legal 500 Germany
• "Recommended lawyer" in the area of Corporate & M&A – Legal 500 Germany
• "Often recommended" for Corporate, M&A, Distressed M&A and Restructuring – JUVE Handbook
• "Highly regarded" in the area of Restructuring and Insolvency as well as for the sectors Energy, Technology and Telecommunications as well as Real Estate – IFLR 1000
• "Highly regarded" in the area of Restructuring and Insolvency – IFLR 1000

• Doctor's Degree (PhD in Law), University of Bochum
• Second State Law Examination (bar exam), Johann Wolfgang Goethe-University, Frankfurt am Main
• Legal Clerkship (Referendariat), Frankfurt am Main and London
• First State Law Examination, Heinrich Heine University, Düsseldorf
• Academy of Business and Administration, Business studies, Bochum

• Frankfurt am Main, Germany

• German
• English

• INSOL International
• American Chamber of Commerce in Germany e.V. (AmCham)
• Gesellschaft für Restrukturierung TMA Deutschland e.V. (Association for Restructuring TMA Germany)
• Düsseldorfer Vereinigung für Insolvenz- und Sanierungsrecht e.V. (Düsseldorf Association for Insolvency Law and Restructuring)
• Arbeitsgemeinschaft für Insolvenzrecht und Sanierung im DAV (Working Group for Insolvency Law and Restructuring of the DAV)
• Verein zur Förderung der Rechtswissenschaften e.V. (Association of the Advancement of Legal Science)
• Deutscher Anwaltverein (DAV) e.V. (German Lawyers´ Association)
  (Advancement of Legal Science)