Christopher M. Winter is co-chair of the Finance and Restructuring Transactions division of Duane Morris' Business Reorganization and Financial Restructuring Practice Group and serves as a team lead for the Duane Morris Banking and Finance industry group. He is also the managing partner of Duane Morris' Wilmington office.
Mr. Winter focuses his practice on commercial finance and Chapter 11 bankruptcy law and proceedings. He represents agents, lenders, borrowers and other parties in secured lending transactions, including debtor-in-possession and exit facility loans, and in workouts, restructurings and enforcement actions. He regularly advises clients on federal bankruptcy matters and represents their interests in proceedings in the U.S. Bankruptcy Court, including in the District of Delaware.
Mr. Winter also regularly advises clients and provides legal opinions under Delaware law. He is a member of the firm's opinion committee.
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, and the American Bankruptcy Institute.
The listing of areas of practice in the foregoing profile does not represent official certification as a specialist in those areas.
Represented iAnthus Capital Holdings, Inc. which owns, operates, and partners with regulated cannabis operations across the United States, as US Counsel for a comprehensive strategic review process culminating in a Restructuring Support Agreement with 100% of its Secured Lenders and over 91% of the Unsecured Debentureholders to effect a proposed recapitalization transaction, as well as provide Interim Financing of $14 million.
- 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 Republic Bank in its $8.9 million construction loan to Wilmington Culinary Hotel XLIV Owner LLC for the conversion of the historic former Security Trust and Safe Deposit building in Wilmington, Delaware into a culinary-focused boutique hotel, involving an opportunity fund investment along with state and federal historic tax credits.
- Represented cannabis company TILT Holdings, Inc. in the private placement of $35 million of senior secured notes and the restructuring of $36 million of junior obligations.
- Represented lender in negotiating and documenting $87 million securities based loan and $40 million secured term and revolving loans to a series of affiliated companies secured by a ranch, automobile museum, collectibles, and other unique collateral. This was a large complex deal for a very important customer of the client.
- Advised Global Net Lease Inc. (NYSE: GNL), a publicly traded real estate investment trust, on the U.S. law aspects of its £230 million syndicated loan from U.K.- based Lloyds Bank.
- Represented Hill International Inc., a global leader in managing construction risk, in a $165 million debt refinancing 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 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 an affiliate of Spain-based Eurostars parent Hotusa Group in its $37 million acquisition of Downtown Miami’s historic Eurostars Langford boutique hotel, providing advice on Delaware law to the worldwide chain of over 2,000 hotels.
- Regularly advise clients with respect to, and issue legal opinions under, Delaware law, including the Delaware corporate and alternative-entity statutes.
Bankruptcy and Restructuring
Areas of Practice
- Business Reorganization and Bankruptcy
- Commercial Finance
- Commercial and Corporate Transactions
- Corporate and Alternative Entity Law
- U.S. District Court for the District of Delaware
- Rutgers School of Law, J.D., with honors, 2001
- Articles Editor, Rutgers Law Journal
- Rutgers University, B.A., 1995
- 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
- Delaware State Bar Association
- Section of Commercial Law
- American Bar Association
- Section of Business Law
- Delaware Bankruptcy Inns of Court
- Quoted, "In Study of 2020 Bankruptcy Filings, Delaware Source of Chapter 11 Increase," Delaware Business Court Insider, December 8, 2020
- Author, "Ultra Petroleum Bankruptcy Court Allows Make-Whole Claim and Post-Petition Default Interest," Duane Morris Alert, November 9, 2020
- Featured, "Christopher Winter Moves Into Managing Partner Role at Duane Morris' Wilmington Office," Delaware Law Weekly, September 17, 2020
- Co-author, "CARES Act Impacts Banking and Finance Industry," Duane Morris Alert, March 30, 2020
Author, "U.S. Corporate Borrowers May Now Be Able to Pledge 100 Percent of Stock in Foreign Subs Without Adverse Tax Consequences," Duane Morris Alert, July 1, 2019
Co-Author, "Supreme Court Limits Safe Harbor; May Increase Challenges to LBOs in Chapter 11," Duane Morris Alert, March 5, 2018
- Co-author, "SCOTUS Prohibits Non-Consensual Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme," Duane Morris Alert, March 29, 2017
- Contributor, Duane Morris Capital Markets Blog
- Contributor, Duane Morris Delaware Business Law Blog
- Co-author, "Business As Usual, Subject To Restrictions," Law 360, May 8, 2015
- "Secured Lender's Intent Irrelevant to Termination Statement's Effect," Delaware Business Court Insider, November 5, 2014
- Co-author, "Justice Hold Fee-Shifting Bylaw Not Per Se Invalid," Delaware Business Court Insider, May 21, 2014
- Co-author, "Chancery Interprets Bankruptcy Code to Find Jurisdiction Over IP," Delaware Business Court Insider, April 16, 2014
- Co-author, "Insider's Hurdles When Seeking Compensation for Services," Delaware Business Court Insider, December 25, 2013
- Co-author, "Supreme Court Lifts Buyback Injunction in Activism," Delaware Business Court Insider, November 27, 2013
- Co-author, "Chancery Court Limits Reach of Indemnification Provision," Delaware Business Court Insider, September 18, 2013
- Co-author, "WARN Act Claims Can Be Brought by Adversary Proceeding," Delaware Business Court Insider, July 17, 2013
- Co-author, "Lease Amendment Not Severable From Underlying Agreement," Delaware Business Court Insider, June 19, 2013
- Co-author, "'Make Whole' Payment Approved in School Specialty Case," Delaware Business Court Insider, May 15, 2013
- Co-author, "Bankruptcy Court Upholds Post-Petition Lockup Agreement, Confirms Plan in Indianapolis Downs," Delaware Business Court Insider, February 27, 2013
- Co-author, "Chancery Court, SEC to Weigh in on Public Disclosure of Corporate Political Giving," Delaware Business Court Insider, January 16, 2013
- Author, "Competing Tribune Bankruptcy Plans Rejected," Delaware Business Court Insider, November 30, 2011
- Co-author, "In Rejection of Alter Ego and Other Claims, a Significant Win for Secured Lenders," Delaware Business Court Insider, August 24, 2011
- "In Rejection of Alter Ego and Other Claims, a Significant Win for Secured Lenders," Delaware Business Court Insider, August 2011
- Co-author, "In Key Opinions, an Answer for Answer.com, and a Greenlight for a 'Make-Whole Premium'," Delaware Business Court Insider, May 4, 2011
- "Chancery Court Narrowly Interprets Bond Indenture Covenant," Delaware Business Court Insider, May 2011
- "Minority First Lien Lenders Rebuffed in Attempts to Hijack Bankruptcy Sales," American Bankruptcy Institute Journal, October 2009
Selected Speaking Engagements
- Presenter, "Cannabis 401: How to Prevent Your Cannabis Investment from Going Up in Smoke: Tips for Having a Successful Cannabis Workout," Duane Morris Cannabis Webinar Series, February 25, 2021
Moderator, "2020 - The Year in Review from the Perspectives of Judges and Attorneys," Association of Insolvency and Restructuring Advisors ("AIRA") 19th Annual Advanced Restructuring and Plan of Reorganization Conference, November 16, 2020
- Speaker, "Lien On Me - Intercreditor Issues Today," Commercial Finance Association's 73rd Annual Convention, Chicago, November 9, 2017
- Speaker, "Legal Ethics," seminar, Wilmington, Delaware, December 2011
- Speaker, "Business Bankruptcy Law Update," seminar, Wilmington, Delaware, September 15, 2010