Christopher M. Winter

Partner

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

    Read Christopher M. Winter's blog Christopher M. Winter - LinkedIn Import to Address Book

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

Christopher M. Winter is co-chair of the Finance and Restructuring Transactions division of Duane Morris' Business Reorganization and Financial Restructuring Practice Group. Mr. Winter focuses his practice on commercial finance and chapter 11 bankruptcy law and proceedings. He serves as a team lead for the Duane Morris Banking and Finance industry group.

Mr. Winter represents direct lenders, commercial banks and other institutions and entities in financing transactions, including cash-flow loans, asset-based loans, real estate mortgage loans, lease financing and financings utilizing New Markets Tax Credits.  He also represents lenders in workouts, restructurings and enforcement actions.  Mr. Winter 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 provides legal opinions under Delaware law and 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.

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

  • 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 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.
  • 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

  • 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 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

Selected Speaking Engagements

  • 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