Sean T. Scott

Sean also frequently counsels corporate clients seeking to acquire or sell assets in distressed scenarios including in Section 363 sales as part of the bankruptcy process. Sean also regularly advises lending and investor clients on front-end structuring considerations in the areas of fund finance, securitization and trade receivables financing.

• A major international financial institution, as administrative agent, under the $1.6 billion Donlen ABS facility in the Hertz chapter 11 case and, as administrative agent, under a $400 million post-petition ABS facility with respect to the Donlen fleet leasing business. This restructuring was awarded “Turnaround of the Year (Mega)” at Global M&A Network’s 2022 Annual Turnaround Atlas Awards and “Reorganization of the Year (over $1B)” at The M&A Advisor’s 2022 Turnaround Awards.
• The administrative and collateral agent through multiple successful amendments under a syndicated revolving and term loan facility with International Vitamin Corporation and its affiliates, the leading manufacturer and distributors of private label/store brand vitamin and nutritional supplements.
• Goldman Sachs Lending Partners LLC, as sole structuring agent and lead left arranger and bookrunner, and Goldman Sachs Bank, as administrative agent, on a first-of-its-kind $6.8 billion financing consisting of $3.8 billion of senior secured high yield bonds and $3 billion of senior secured institutional term loans to MileagePlus Holdings, LLC, a direct wholly-owned subsidiary of United Airlines, Inc., with each of the loans and bonds secured by United Airlines' loyalty program, MileagePlus, and subject to a parent guarantee by United Airlines, Inc. and United Airlines, Holding Inc. and guarantees by certain other subsidiaries of United. This innovative transaction involved the contribution of intellectual property of the MileagePlus program to a newly formed offshore subsidiary that was structured to be bankruptcy remote.
• The prepetition administrative agent and DIP agent for the senior lenders to EP Energy, Inc. in connection with its bankruptcy filing in the Southern District of Texas in which it successfully restructured in excess of $4 billion in funded debt.
• A large U.S. financial institution and a premier loan agency service company, as agents for syndicates of banks, in connection with the workout, restructuring and multijurisdictional insolvency cases of Waypoint Leasing Holdings Ltd. and its various subsidiaries. This deal was awarded "Restructuring of the Year ($1B to $10B)" at the 2019 M&A Advisor Turnaround Awards.
• The administrative agent for a $1 billion prepetition first lien facility in the Chapter 11 cases of Samson Resources Group and its affiliates, which prior to its filing in 2016 had been the largest independent upstream oil and gas company in the United States.
• International Pizza Hut Franchise Holder Association, as one of three members on the official committee of unsecured creditors, in the Chapter 11 cases of NPC International Inc. and its affiliates in the US Bankruptcy Court for the Southern District of Texas.
• Kayne Anderson Capital Advisors, LP, as administrative agent and term loan lender, to The Paper Store LLC with respect to a restructuring involving over $100 million of prepetition debt.
• The predecessors in title to Memorial Production Partners with respect to a $150 million dispute over a decommissioning trust relating to oil and gas operations offshore of the Port of Long Beach, California, currently on appeal to the Fifth Circuit Court of Appeals.
• The administrative agent and lender in connection with restructuring of multiple secured credit facilities representing more than $2 billion in secured debt of Petrobras, the Brazilian state-owned oil company.
• A corporate trustee in connection with a proceeding pursuant to Article 77 of New York's Civil Practice Law and Rules to approve a $5 billion global RMBS settlement.
• The administrative agent and lenders in a debt-for-equity swap leading to the acquisition of Tuscany International Drilling Inc., an oil rig owner and operator, pursuant to its confirmed Chapter 11 plan.