Dr. Malte Richter, LLM (Northwestern Univ.)

Dr. Malte Richter advises domestic and international companies, banks, financial investors, trustees and insolvency administrators. He serves clients on restructuring, bankruptcy and insolvency law, mergers and acquisitions, corporate matters, joint ventures, and general matters of commercial and trade law. Malte is standing legal counsel to various US and German companies that are active in the automotive supply, petrochemical, tissue paper, glass manufacturing and solar industry.

Malte is an active member of Mayer Brown’s Pro Bono Committee and also a co-founder and board member of Pro Bono Deutschland e.V., an association for the promotion of pro bono legal advice for non-profit and non-governmental organizations and projects in Germany.

Before joining Mayer Brown, Malte worked as a foreign attorney with a large US-law firm in Chicago and as a banker (Bankkaufmann) with Dresdner Bank AG (now Commerzbank AG) in Wiesbaden.

Restructuring, Bankruptcy & Insolvency (selection)

Advised:

• INNIO Jenbacher GmbH & Co. OG in relation to granting urgent financial cash assistance to supplier Gienanth Group.
• The ad-hoc steering committee of main lenders in the insolvency of Genting (HK) Ltd.
• The agent and lender to global automotive supplier Arlington Group on debtor-in-possession financing and the defense against clawback claims in the German insolvency proceedings, an innovative multi-step escrow arrangement to facilitate an exit for the client via a complex multi-jurisdictional transaction as well as the representation of the client on the German creditors’ committee.
• MNB GmbH in relation to the acquisition of shares in various project entities from Convivo in light of Convivo's pending insolvency.
• Various banks and insurance companies by preparing (supplementary) netting and other insolvency-law related opinions.
• DOW on various insolvency-protection mechanisms in connection with the granting of a hereditary building right on its Stade site for the erection of an LNG terminal. EBRO Armaturen (as tier 2) in relation to insolvent customer Mehldau (tier 1) and the transfer of the existing supply agreement regarding valves to the end customer.
• Leading European tissue producer WEPA Group on several senior secured (high yield) notes offerings 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 related financial restructurings.
• Permira as senior term lender in the restructuring of Cruise.co.uk with respect to possible insolvency filing of one of its group companies.
• An investment bank in relation to the proposed refinancing and restructuring of Tom Tailor Holding SE.
• An insurance company in respect of legal action filed against another international law firm by the insolvency administrator of Maple Bank.
• Goodyear with respect to the insolvency proceedings of its energy suppliers, including the filing of claims, enforcement of set-off and entitlement to grid fees.
• Cooper Tires in the insolvency proceedings of Fintyre group, including on enforcement of retention of title and claim registration.
• ENTEGA AG in relation to the refinancing of Global Tech I Offshore Wind GmbH, including on insolvency proceedings opened over certain assets of other shareholders of Global Tech I Offshore Wind GmbH.
• An international bank on risks relating to granting a loan to Condor Flugdienst GmbH in light of prior exit from debtor-in-possession proceedings.
• KPMG as liquidators of several Asian Lehman Brothers group entities in connection with the insolvency of Lehman Brothers Bankhaus AG in Germany.
• Asia-based sourcing, logistics, distribution and retailing Li & Fung Group as well as over a hundred Asian and German manufacturers of clothing and household appliances in the insolvency proceedings of Arcandor, Karstadt and Quelle).
• Several financial investors regarding the restructuring of participations in multi-million euro real estate portfolios.
• Several major international banks as Mezzanine A lenders in connection with the successful restructuring of a multi-billion Euro loan portfolio of the „Highstreet" consortium (owners of a portfolio of 90 department store buildings of insolvent Karstadt Warenhaus GmbH).
• Turkish ground-handling company Celebi in the insolvency proceedings of Condor Flugdienst GmbH and Germania Flugdienst GmbH.
• An insurance company with respect to legal action filed against another international law firm by Dr. Frege as insolvency administrator of Maple Bank.
• Big Four accounting firm as security trustee in the insolvency proceeding of Vivacon AG.
• An international investment bank as member of creditors' committee of insolvent IVG Immobilien AG in self-administration proceedings, including on the preparation and content of an insolvency plan and on insider trading issues.
• Asia-based sourcing, logistics, distribution and retailing Li & Fung Group and suppliers procured by Li & Fung in the insolvency proceedings of Woolworth Deutschland and Neckermann.
• Spanish solar manufacturer in relation to the insolvency of its German contract partner in connection with the planning and construction of power plant.
• An Austrian bank regarding the financial crisis and insolvency of its debtor, a manufacturing company in the metal-working industry, including on issues such as standstill and cancellation of debts subject to restoration, debt equity swap and management buy-out.
• Indian-Arabic cell manufacturer Microsol in its acquisition of insolvent SOLON SE, a manufacturer of solar modules and systems, including its subsidiaries in the US and Italy.

Mergers & Acquisitions (including Distressed M&A) and Joint Ventures (selection)

Represented:

• AIF Capital Group on the acquisition of three nursing care facilities in Lübeck, Sulzbach and Wetzlar.
• HOERBIGER on the acquisition of JOHNSON MATTHEY Piezo Products GmbH.
• Lear Corporation, a global automotive technology leader in Seating and E-Systems, on the acquisition of I.G. Bauerhin (IGB).
• Raffinerie Heide on the formation of a partly publicly funded joint venture with Orsted and Électricité de France for the construction and operation of a 30 MW electrolysis plant for the production of green hydrogen from wind power.
• Lear Corporation on acquisition of Kongsberg Automotive’s Interior Comfort Systems Business Unit.
• Intermediate Capital Group and its management in the acquisition of infrastructure installation and maintenance service provider Infra Group.
• Hauck & Aufhäuser Privatbankiers AG on the acquisition of Bankhaus Lampe KG from the Oetker Group.
• A leading rating agency as minority shareholder in a joint venture on the refinancing of such joint venture as well as on corporate and regulatory matters.
• MacLean-Fogg Company on the sale of its Presswerk Krefeld affiliate to HANNOVER Finanz as new equity investor and as part of a management buy-out.
• Global Bremer Holding on the sale of its majority share in Hego Holding USA to Pelikan Investments.
• An automotive manufacturer on the sale of its distribution division, consisting of 23 companies worldwide.
• TUI Group on the sale of holiday home and round-trip provider Wolters Reisen as well as of its special travel businesses "Berge & Meer" and "Boomerang Reisen".
• French Webhelp Group on the acquisition of all shares in Sellbytel Group.
• Beijing Enterprises on the acquisition of EEW Energy from Waste from Swedish investor EQT for a purchase price of approximately EUR 1.4 billion, at that time the largest investment of a Chinese company in Germany.
• AkzoNobel in its acquisition of coatings manufacturer Schramm Holding AG, the first Germany-incorporated company listed on the Stock Exchange of Hong Kong, and its Korean coatings business.
• Klesch & Company on the acquisition of a refinery and its associated chemicals, bitumen and sales infrastructure from Shell Deutschland Oil.
• Turkish airport servicer Çelebi on the acquisition of the German airfreight and storage business, including the ground handling at Airport Rhein-Main and Airport Frankfurt-Hahn, from Aviapartner Cargo.
• European tissue paper manufacturer WEPA group in the purchase of its competitor Kartogroup by way of a multi-jurisdictional cross-border distressed M&A transaction.
• Investor Halder on its acquisition of Wback Group, one of the leading manufacturers of hamburger and hot dog buns, by way of management buy-out.
• Several international banks as Mezzanine A lenders in the restructuring of a multi-billion Euro loan portfolio of the „Highstreet" consortium (owners of a portfolio of 90 department store buildings of insolvent Karstadt).
• Navteq Germany on the acquisition of T-Systems Traffic from Deutsche Telekom AG.
• A listed international Fortune 500 first-tier automotive supplier on the contribution of its automotive interior business to a joint venture company.
• Primondo Specialty Group on its sale of Mercatura Holding to Swedish Kwintet group.
• Reuters Group on the acquisition of Feri Fund Market Information Ltd. and its funds data subsidiary FI Datenservice GmbH from Feri Rating & Research GmbH.

Corporate and Commercial (selection)

The clients represented or advised by Malte include:

• A listed international chemicals company in connection with several cross-border restructurings.
• Leading European tissue paper manufacturer WEPA Group on the implementation of a SE holding structure.
• Several German affiliates of listed US automotive suppliers on warranty and product liability issues, recalls, supply, warranty, development, consignment stock, license, logistics, joint venture and other agreements.
• EBRO Armaturen, a leading manufacturer of industrial valves, actuators and automation technology, on warranty and product liability issues, recalls, supply, warranty, license, logistics and other agreements.
• A listed food company on the drafting general terms and conditions, warranty issues, supply and other agreements.
• An international glass manufacturer on warranty and product liability issues, supply, consignment stock, toll manufacturing and other types of agreements.
• Leading tire manufacturer on warranty and product liability issues, recalls as well as supply, warranty, license, logistics and other agreements.

• Second State Law Examination (bar exam), Hamburg
• Legal Clerkship (Referendariat), Hamburg, Frankfurt am Main, Washington DC
• First State Law Examination, Freiburg im Breisgau

• District of Columbia
• Frankfurt am Main, Germany
• New York

• Alemão
• Inglês
• Francês

• INSOL International
• American Chamber of Commerce in Germany e.V. (AmCham)
• Lecturer on International Commercial Law in the „Master of Science (M.Sc.) in International Management” program at Steinbeis-University, School of International Business and Entrepreneurship, 2015 and 2016
• Lecturer of Insolvency Law in the "Master of Auditing" and "Master of Taxation" program at University of Applied Sciences Mainz, 2013
• Pro Bono Deutschland e.V., Co-founder, Member of the Board (Treasurer)
• German-American Lawyers' Association (DAJV)
• New York State Bar Association (NYSBA)
• Bar Association of the District of Columbia (BADC)
• Moot Alumni Association of the Willem C. Vis International Commercial Arbitration Moot