Christopher M. Winter

Partner

  • Christopher M. Winter
  • Phone: +1 302 657 4904
    Fax: +1 302 397 2455

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  • Duane Morris LLP
    1201 North Market St, Suite 501
    Wilmington, DE 19801
    USA

Christopher M. Winter is the managing partner of Duane Morris' Wilmington office. He focuses his practice on commercial finance, corporate and commercial transactions and Chapter 11 bankruptcy law and proceedings. Mr. Winter regularly 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 represents private bank lenders in securities-based and custom loan transactions. Mr. Winter also represents parties in asset sales, private placements and other corporate and commercial transactions. 

Mr. Winter is co-chair of the Finance and Restructuring Transactions division of Duane Morris' Business Reorganization and Financial Restructuring Practice Group and serves as team lead for the Duane Morris Banking and Finance industry group. 

Mr. Winter also represents parties in the formation and organization of corporations, limited liability companies and other alternative entities in connection with joint ventures, investments and acquisitions. He is a member of the firm's opinion committee and regularly provides legal opinions under Delaware law.

Admitted to practice in Delaware and Pennsylvania, Mr. Winter is a member of the Commercial Law and Bankruptcy 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.

Representative Matters

    Distressed Transactions, Restructuring and Bankruptcy

  • Led team representing private equity fund in acquisition of oil and gas company out of chapter 11 bankruptcy proceeding in U.S. Bankruptcy Court in Mobile, Alabama. Negotiated and drafted plan terms under which client acted as plan sponsor and acquired 100 percent of equity interests in reorganized company; negotiated support of key creditor constituencies, including three prepetition secured lenders; organized acquisition structure, formed “newcos” and offering materials in connection with fund raising for plan sponsorship.

  • Represented Alma Bank as prepetition secured lender in chapter 11 proceedings of Kafka Construction, Inc. Negotiated settlement of secured claims as part of a multi-party global settlement with non-debtor guarantors that permitted a consensual plan whereby the client received a significant cash payment and refinanced secured debt on non-debtor properties.

  • Represented the assignee for the benefit of creditors of RUME, Inc. in Delaware in negotiations with secured lenders, documentation of assignment and the sale of substantially all assets to a third-party buyer.

  • Represented secured lender in negotiating and documenting strict foreclosure of all assets of fashion and jewelry retail chain and sale of substantially all assets to third-party buyer.

  • 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 non-bank prepetition secured lender to Hooper Holmes, Inc. in prepetition workout and restructuring and as debtor-in-possession lender in Chapter 11 proceedings in the U.S. Bankruptcy Court for Southern District of New York that culminated with a sale of assets and repayment in full of prepetition and DIP obligations.

  • Lead counsel to administrative and collateral agent for prepetition secured lenders and debtor-in-possession lenders in Chapter 11 bankruptcy of Global Cloud Exchange (GCX) in the U.S. Bankruptcy Court for the District of Delaware.

  • Represented the administrative and collateral agent for debtor-in-possession lenders in Chapter 11 bankruptcy cases of Southcross Energy Partners, L.P., et al. in the U.S. Bankruptcy Court for the District of Delaware. 

    • Finance

  • Represented the administrative and collateral agent on a $160 million senior secured term loan to Playboy Enterprises, Inc. following a SPAC transaction.

  • 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.

  • Represent private bank lenders in negotiating and documenting securities-based and other custom secured and unsecured loan transactions with high net worth individuals and affiliated companies and trusts, including recently an $87 million securities based loan and $40 million secured term and revolving loans to a high net-worth individual and a series of affiliated companies, and secured term and revolving loans to a high net-worth individual and a series of related revocable and irrevocable trusts..

  • Represented lenders in custom loan transactions secured by exotic collateral, including private jets, mega yachts, polo fields and a minor league baseball team.

  • Represented TILT Holdings, Inc. in the private placement of $35 million of senior secured notes and the restructuring of $36 million of junior obligations.

  • 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.

    • Corporate

  • Represented Food Technology and Design, LLC dba FoodPharma LLC in its sale of a majority stake to New Harbor Capital.

  • Represented AMREP Corporation in the sale of its distribution services business and its product packaging and fulfillment services business to a third-party strategic buyer.

  • 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 Delaware corporate and alternative-entity statutes and the Uniform Commercial Code.

Areas of Practice

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

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

Selected Publications

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