Malithi Fernando

USA

• Counsel to debtor UpHealth Holdings, Inc. and certain of its subsidiaries in connection with their chapter 11 cases in In re UpHealth Holdings, Inc. et al. in the United States Bankruptcy Court for the District of Delaware.
• Counsel to debtor Pennsylvania Real Estate Investment Trust and certain of its subsidiaries in connection with their chapter 11 cases in In re Pennsylvania Real Estate Investment Trust, et al., in the United States Bankruptcy Court for the District of Delaware.
• Counsel to pharmaceutical company, Vyera Pharmaceuticals, LLC and certain of its affiliates, in connection with their subchapter V cases in In re Vyera Pharmaceuticals, LLC, et al. in the United States Bankruptcy Court for the District of Delaware. As part of this representation, DLA Piper assisted in a combination sale and restructuring of the Debtors' businesses through a fully consensual joint subchapter V plan of reorganization and liquidation.
• Counsel to NextPoint Financial, Inc. and certain of its affiliates in connection with its cross-border restructuring in Canada under the Companies' Creditors Arrangement Act and in the United States under chapter 15 of the United States Bankruptcy Code.
• Counsel to purchaser, NCI Group, Inc., an affiliate of Cornerstone Building Brands, in connection with its acquisition of substantially all assets of Bridger Steel, Inc. in In re Bridger Steel, Inc.
• Representation of one of the largest microfinance companies in the world in out-of-court negotiations with its lenders with respect to its distressed foreign subsidiaries.
• Counsel to the foreign representatives of Arcadia Global (USA) Limited (in administration), the London-based operator of TopShop/TopMan retail stores, in connection with the chapter 15 case In re Arcadia Global (USA) Limited before United States Bankruptcy Court for the Southern District of New York.

UK

• Acting for an American conglomerate (NYSE-listed) on a multinational corporate reorganisation involving 82 jurisdictions.
• Acting for a syndicate of banks and swap counterparties on refinancing a GBP700 million real estate finance facility and advising on the security position in relation to a marquee London commercial real estate asset.
• Acting for the junior secured noteholder (NYSE-listed) in respect of its debt and security in a large UK consumer finance business. This matter involved amending and restating the loan note and intercreditor arrangements, taking new security and advising the client in respect of its buy-out rights. We also advised the client in its due diligence and proposal to purchase the business and assets of the borrower group from the administrators.
• Advising the boards of directors of approximately 200 multinational group subsidiaries following the liquidation of their LSE-listed parent company. The group companies specialised in facilities management and construction services.