Christopher M. Winter
Partner

Duane Morris LLP
222 Delaware Avenue, Suite 1600
Wilmington, DE 19801-1659
USA

Phone: +1 302 657 4904
Fax: +1 302 397 2455
Email: cmwinter@duanemorris.com

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Christopher M. Winter

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Christopher M. Winter is a Delaware business lawyer who focuses his practice on chapter 11 bankruptcy law and proceedings, commercial finance and transactions, and Delaware corporate and alternative entity law.

Mr. Winter regularly advises clients on federal bankruptcy matters and represents their interests in proceedings in the U.S. Bankruptcy Court for the District of Delaware. He represents agents, lenders and borrowers in financing transactions, including debt and equity restructuring; represents clients in mergers and asset sale transactions; and advises clients with respect to Delaware corporate and alternative entity law, including with respect to corporate governance. Mr. Winter regularly provides legal opinions under Delaware law and is a member of the firm's opinion committee.

Mr. Winter also is a member of the firm's New Markets Tax Credit Practice Group, which represents parties in finance transactions utilizing the Federal New Markets Tax Credit program.

Admitted to practice in Delaware and Pennsylvania, Mr. Winter is a member of the Corporate and Commercial Law Sections of the Delaware Bar Association, the Business Law Section of the American Bar Association, the American Bankruptcy Institute and the Delaware Bankruptcy Inns of Court.

The listing of areas of practice in the foregoing profile does not represent official certification as a specialist in those areas.

Representative Matters

    Bankruptcy

  • Represented ethanol and gluten manufacturers as debtors in possession in chapter 11 reorganization proceeding in the U.S. Bankruptcy Court for the District of Delaware from first-day hearing through confirmation of chapter 11 plan of reorganization.
  • Represented pharmaceutical start-up company in chapter 11 proceeding in the Delaware Bankruptcy Court from first-day hearing through confirmation of a creative plan of reorganization that provided for a reverse merger with a medical technology development company.
  • Represented first lien agent as debtor-in-possession lender in chapter 11 bankruptcy proceeding of textiles company in the Delaware Bankruptcy Court.
  • Represented micro fuel cell technology company in liquidating chapter 11 case in Delaware Bankruptcy Court from first-day hearing through a sale of substantially all of its assets and confirmation of a liquidating plan of reorganization.
  • Represented multiple retail landlords in chapter 11 bankruptcy proceeding of national building supply companies in the Delaware Bankruptcy Court. Asserted, negotiated and achieved recognition of critical rights and prompt payment of claims.
  • As special counsel, issued non-consolidation opinions in connection with finance transactions.
  • Corporate

  • Counsel emerging technology businesses on issues of Delaware law, including corporate governance.
  • Counsel to alternative energy company on Delaware corporate governance and fiduciary duty issues.
  • Counsel to target corporation in merger transaction under Delaware law.
  • Regularly issue legal opinions under Delaware law, including corporate and alternative-entity law.
  • Advised national publishing company in the marketing and sale of its constituent businesses and negotiated and documented asset sales.
  • Finance

  • Represented Hill International Inc., a global leader in managing construction risk, in a $165 million debt refinancing transaction.
  • Represented national media company in restructuring of $20 million secured credit facility.
  • Represented multinational corporation as borrower in $175 million private placement of notes.
  • Represented handbag manufacturer as borrower in $75 million syndicated-lender financing.
  • Represented administrative and collateral agent in $5 million debtor-in-possession financing.
  • Represented technology start-up in multiple rounds of debt and equity financing transactions, including multiple bridge financings.
  • Tax Credit Finance

  • Represented New Jersey Community Capital in connection with the deployment of $7 million of its Federal New Markets Tax Credit allocation for the expansion of the Newark Screens movie theater in Newark, N.J. Goldman Sachs Urban Investment Group invested in the Federal New Markets Tax Credits generated by the transaction.
  • Represented Beneficial Savings Bank in connection with a $21.7 million leveraged loan to an investment fund of U.S. Bank. The fund advanced the loan, together with New Markets Tax Credit equity, to Campus Apartments to develop a 225-unit Homewood Suites extended-stay hotel near the campus of the University of Pennsylvania.
  • Represented the Lower Eastside Girls Club of New York, Inc. in a transaction to fund the development of its new headquarters through the federal New Markets Tax Credit Program. JPMorgan Chase and Bank of America provided $5 million in tax-credit equity toward the $20 million development budget for the project, and the City of New York provided a $9.6 million grant to the club.
  • Represented The Salvation Army in connection with the enhancement of $45 million of Kroc Trust funds through the federal New Markets Tax Credit Program to generate $17 million of additional tax-credit equity for the development of the Ray and Joan Kroc Corps Community Center in Chicago, Ill. Five community-development entities provided tax-credit allocation for the project, and JPMorgan Chase Bank N.A. invested in the tax credits generated from the transaction.
  • Represented The Salvation Army in the closing of two new market tax-credit transactions with tax-credit investor JPMorgan Chase Bank, N.A. for the development of Kroc Corps Community Centers in Quincy, Ill. and South Bend, Ind. The two transactions involved $67 million of federal New Markets Tax Credit authority.

Areas of Practice

  • Business Reorganization and Bankruptcy
  • Commercial Finance
  • Commercial and Corporate Transactions
  • Corporate and Alternative Entity Law

Admissions

  • Delaware
  • Pennsylvania
  • U.S. District Court for the District of Delaware

Education

  • Rutgers School of Law, J.D., with honors, 2001
    - Articles Editor, Rutgers Law Journal
  • Rutgers University, B.A., 1995

Experience

  • Duane Morris LLP
    - Partner, 2010-present
    - Associate, 2003-2007; 2009
  • Morgan, Lewis & Bockius
    - Corporate Associate, 2007-2009
  • Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware
    - Associate, 2001-2003

Professional Activities

  • Delaware State Bar Association
    - Section of Commercial Law
  • American Bar Association
    - Section of Business Law
  • Delaware Bankruptcy Inns of Court

Selected Publications

  • "Chancery Court Narrowly Interprets Bond Indenture Covenant," Delaware Business Court Insider, May 2011
  • "In Rejection of Alter Ego and Other Claims, a Significant Win for Secured Lenders," Delaware Business Court Insider, August 2011
  • "Competing Tribune Plans Rejected," Delaware Business Court Insider, November 2011
  • "Minority First Lien Lenders Rebuffed in Attempts to Hijack Bankruptcy Sales," American Bankruptcy Institute Journal, October 2009

Selected Speaking Engagements

  • Speaker, “Legal Ethics,” seminar, Wilmington, Delaware, December 2011
  • Speaker, "Business Bankruptcy Law Update," seminar, Wilmington, Delaware, September 15, 2010