Profile details
About Madlyn Gleich Primoff
Madlyn is a partner on our restructuring and insolvency team.
Madlyn has more than 25 years of experience representing companies, lending groups, syndicate agents, global financial institutions, and private credit investors in complex US domestic and cross-border out-of-court restructurings, prepackaged Chapter 11 cases and contentious Chapter 11 cases as well as related litigation matters. She has substantial cross-border insolvency experience (including Chapter 15 cases and parallel proceedings).
Madlyn is regularly called upon by her clients to act as “first chair” trial counsel in contentious restructuring matters and insolvency related litigations. She has deep expertise in metals and mining, energy and infrastructure, consumer products, financial services, agriculture, entertainment, media, communications, shipping, and health care (including device manufacturing and distribution).
Madlyn is ranked as a leading attorney in Chambers USA, Best Lawyers and Expert Guides – Women in Business Law. She has also been named the “Best in Insolvency and Restructuring” – Americas Women in Business Law Awards (2016) by Euromoney. She is a member of Freshfields’ Finance and Risk Committee.
Recent work
- JP Morgan as administrative agent, letter of credit issuer and lender under a $930 million revolving and term credit agreement extended to Peabody Energy Corporation. The matter involved a restructuring with Revolving and Term lenders under the JPM Facility and two note issuances maturing in 2022 and 2025, respectively.
- Advising Administrative Agent and steering committee of lenders in out-of-court restructuring of a multitranche credit facility secured by offshore drilling collateral under contract with PEMEX in a matter that spans Mexican, Portuguese, Korean and US jurisdictions.
- Vindicated rights of Octagon Credit Investors, LLC in an action against NYDJ Apparel and other entities, before the New York Supreme Court Commercial Division, for breaches of a credit agreement and related claims based on unlawful amendments to pro rata sharing and waterfall provisions of the credit agreement.
- Advising Mizuho Bank, Ltd., as facility agent for the lenders, on the restructuring of project financing indebtedness incurred by Olympia Shipping B.V., a Dutch company, with respect to a compact semi-submersible offshore accommodation vessel owned by the borrower and under charter to Petrobras Netherlands B.V.
- Advising the term loan intervenors and ad hoc group comprising lenders holding in excess of $1.1bn in term loans to AM/FM radio station operator Cumulus Media, Inc. Madlyn led the litigation team that prevailed on summary judgment before the federal district court in New York and successfully blocked Cumulus’ exchange offer from going forward.
- Advising the term lenders and syndicate agent in Paragon Offshore, Inc. Chapter 11 cases. Madlyn led the trial team advising the term loan lenders who opposed and ultimately defeated, on feasibility grounds, Paragon’s Chapter 11 plan to reorganize $2.4bn in indebtedness in two separate instances.
- Advising the ad hoc committee of noteholders in opposing coercive exchange offer (involving the intricate application of Luxembourg, English and New York law), and in resulting restructuring negotiations that culminated in the consensual restructuring of €275m of Ideal Standard’s indebtedness.
- Advising the Australian court-appointed liquidators of Octaviar Administration in Chapter 15 case as well as a separate action brought before the United States District Court for the Southern District of New York against various hedge funds.
- Advising several global financial institutions in the restructurings of the Axon, Orion and Victoria SIVs (structured investment vehicles) and related restructurings of various CLOs (collateralized loan obligations) and CDOs (collateralized debt obligations).
- Advising Air Berlin and Alitalia in Chapter 15 cases in US Bankruptcy Court for the Southern District of New York.
- Advising purchasers of assets in Section 363 acquisitions of Enron Wind, Starter Corporation, Best Products and others.
Qualifications
Education
- JD, Harlan Fiske Stone scholar, Columbia Law School.
- BA, magna cum laude, Cornell University.
Professional
- Admitted to practice in the State of New York and the District of Columbia; US District Court, Southern District of New York; US District Court, Eastern District of New York; US Court of Appeals for the Second Circuit; US Court of Appeals for the Third Circuit; US Court of Appeals for the Sixth Circuit.
- Member, SDNY Register of Mediators.
- Member, The New York Conference Advisory Board.
- Member, The American Bankruptcy Institute
- Member, The New York Regional Board of Anti-Defamation League.
- Appointed to the President’s Council of Cornell Women.