In the Chapter 11 cases of Avianca Holdings S.A., et al., the law firm of White & Case LLP submitted a verified statement under Rule 2019 of the Federal Rules of Bankruptcy Procedure, to disclose that it is representing the USAV Secured Lender Group.
White & Case is an international law firm that maintains its principal office at 1221 Avenue of the Americas, New York, New York 10020 and has numerous additional offices throughout the United States and worldwide.
White & Case serves as counsel to the USAV Secured Lender Group, which is composed of lenders under that certain Loan Agreement, dated as of December 12, 2017, by and among USAVflow Limited, as borrower, certain Debtors, as guarantors, the lenders party thereto, and Citibank, N.A., as administrative agent and collateral agent.
White & Case has been advised by the Administrative Agent under the Loan Agreement and/or members of the USAV Secured Lender Group that they or their affiliates are the holders, advisors, or affiliates of advisors to holders, or managers of various accounts with investment authority, contractual authority or voting authority, of or with respect to one hundred percent of the aggregate principal amount of loans under the Loan Agreement. As of July 20, 2020, approximately $80,867,677.44 aggregate principal amount remained outstanding under the Loan Agreement, plus accrued and unpaid interest, fees, costs and expenses.
As of July 22, 2020, members of the USAV Secured Lender Group and their disclosable economic interests are:
BANCO DE CREDITO $14,017,064.09
121 Alhambra Plaza, Suite 1200
Miami, FL 33134
BANK UNITED N.A. $9,434,562.37
7815 NW 148th Street
DEUTSCHE BANK AG $18,060,447.96
1 Great Winchester Street
London EC2N 2DB
FIRST CITIZENS BANK LIMITED $11,860,592.69
9 Queen’s Park East
Port of Spain
Trinidad and Tobago
METROBANK S.A. $9,434,562.37
Calle Isaac Hanono Missri
Torre Metrobank, Piso 4
Punta Pacífica Panama City
MONEDA LATINO AMERICA DEUDA $6,469,414.19
LOCAL FONDO DE INVERSION
Isidora Goyenechea 3621
Piso 8 Las Condes
Santiago, RM, Chile
MONEDA DEUDA LATINO AMERICANA $7,008,532.04
FONDO DE INVERSION
Isidora Goyenechea 3621
Piso 8, Las Condes
Santiago, RM, Chile
PRIVAL BANK S.A. $4,582,501.72
Calle 50 y 71 San Francisco
Panama, Panama 0832-00396
The USAV Secured Lender Group retained White & Case to represent it in connection with the Debtors’ chapter 11 cases. Each member of the USAV Secured Lender Group has consented to White & Case’s representation.
Although the USAV Secured Lender Group has hired White & Case to represent its interests collectively as a group, each member of the USAV Secured Lender Group (i) made and makes its own investment decisions which are not based on the investment decisions of any other creditor, and (ii) made and makes its own independent decisions as to how it wishes to proceed and does not speak for, or on behalf of, any other creditor, in each case including the other members of the USAV Secured Lender Group in their individual capacities. In addition, the USAV Secured Lender Group neither represents nor purports to represent any other entity in connection with these chapter 11 cases.
White & Case does not own any claims against or equity interests in any of the Debtors.
Counsel for the USAV Secured Lender Group can be reached at:
WHITE & CASE LLP
Mark Franke, Esq.
Scott Greissman, Esq.
Joshua D. Weedman, Esq.
Brandon D. Batzel, Esq.
1221 Avenue of the Americas
New York, NY 10020
Telephone: (212) 819-8200
Facsimile: (212) 354-8113
A copy of the Rule 2019 filing, downloaded from PacerMonitor.com, is available at https://is.gd/44bUt0
Avianca is the commercial brand for the collection of passenger airlines and cargo airlines under the umbrella company Avianca Holdings S.A. Avianca has been flying uninterrupted for 100 years. With a fleet of 158 aircraft, Avianca serves 76 destinations in 27 countries within the Americas and Europe.
Avianca Holdings S.A. and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 20-11133) on May 10, 2020. At the time of the filing, the Debtors disclosed $7,273,900,000 in assets and $7,268,700,000 in liabilities.
Judge Martin Glenn oversees the cases.
The Debtors tapped Milbank LLP as general bankruptcy counsel; Urdaneta, Velez, Pearl & Abdallah Abogados and Gomez-Pinzon Abogados S.A.S. as restructuring counsel; Smith Gambrell and Russell, LLP as aviation counsel; Seabury Securities LLC as financial restructuring advisor and investment banker; FTI Consulting, Inc. as financial restructuring advisor; and Kurtzman Carson Consultants LLC as claims and noticing agent.
The U.S. Trustee for Region 2 appointed a committee of unsecured creditors in Debtor’s bankruptcy cases on May 22, 2020.