Matthew W. Olsen. Partner New York p Practices. Industries. Recognition. Education. Selected Experience

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1 Matthew W. Olsen Partner p Practices FOCUS: Insolvency and Restructuring Distressed Debt and Claims Trading Real Estate Litigation Real Estate Industries Financial Institutions Funds Hospitality Fashion Entertainment and Media Recognition Turnaround Atlas, Pre-Packaged Restructuring of the Year Middle Markets, 2014 Education JD, Brooklyn Law School, summa cum laude BA, Binghamton University, State University of New York Matthew W. Olsen represents secured and unsecured lenders, asset purchasers, distressed debt investors and intellectual property licensors in all aspects of bankruptcy proceedings and workouts, including a broad range of transactional and litigation matters. Matt's clients include bank lenders to large-cap and middle market corporate borrowers, hedge funds and other distressed debt claims traders, trademark and copyright licensors, asset based lenders and factors and real estate lenders and investment trusts. Matt's experience covers a wide array of industries with an emphasis on manufacturing, real estate, fashion and retail, and entertainment and media. Matt has significant experience in connection with Chapter 11 reorganizations, liquidations, out-of-court workouts, debtor-in-possession (DIP) financing agreements and purchases of assets from financially troubled companies. Matt also has substantial experience enforcing creditors' rights under state law, including UCC Article 9 foreclosures, equitable receiverships and corporate dissolution proceedings. Matt represents lenders and other creditor clients in state and federal litigation, including the defense of lender liability and bankruptcy avoidance claims. Matt devotes a substantial portion of his practice to real estate litigation, including commercial mortgage foreclosures and lease disputes. Matt also advises distressed real estate investors in connection with defaulted note acquisitions and sales and advises real estate lenders with respect to insulating new loans against insolvency and default risk. Matt also routinely advises hedge funds and bank trading desks engaged in distressed debt claims trading by providing a full range of risk analysis, documentation and litigation support services. Prior to joining the firm, Matt served as law clerk to the Honorable Stuart M. Bernstein, Chief US Bankruptcy Judge for the Southern District of. Selected Experience Bankruptcy and Restructuring Representation of trademark owner and principal licensor to the Advance Watch Company in the successful restructuring of trademark license through pre-arranged Chapter 11 proceedings and Section 363 sale of assets and assignment of license. 6

2 Bar Admissions Court Admissions Southern District of US Court of Appeals, Seventh Circuit Eastern District of District of Colorado Representation of administrative agent and lender under a $43.5 million credit facility to Penn Foster, a leading provider of continuing education to adults, in a prepackaged Chapter 11 case, including a bridge DIP loan and exit financing. Representation of large municipal borrower in successful litigation and settlement of repurchase agreement and swap claims in Lehman Brothers bankruptcy proceedings. Representation of administrative for European lenders to Inverness Distribution Limited, an offshore film copyright holding company, in its US Chapter 11 proceedings and Section 363 sale of film library, including successful resolution of complex lien priority disputes and structured dismissal of US proceedings. Representation of trustee and collateral agent of $200 million structured bond portfolio in the cross-border insolvency proceedings of Metrofinanciera, S.A.P.I. de C.V., including Mexican Concursos and US Chapter 15 proceedings. Representation of landlord to AMF Bowling with respect to more than 200 of its US bowling centers in restructuring of master leases and pre-arranged Chapter 11 cases. Representation of middle-market commercial lender with respect to out-of-court restructurings and amendments of numerous term and revolving loans to borrowers in the health care, pharmaceutical, food supplies, education and manufacturing industries. Representation of manufacturers and suppliers in Quiksilver, Inc. Chapter 11 proceedings, including negotiation of commercial trade agreements and enforcement of bankruptcy reclamation claims. Representation of secured lender under a $240 million mortgage loan to developers of One Madison Park, a luxury condominium high-rise in City, in developers' Chapter 11 bankruptcy cases and related litigation. Provision of advice to hedge funds and financial institutions concerning distressed debt trading and claims litigation in bankruptcy cases of GT Advanced, Target Canada, A&P, RadioShack, American Airlines, Lehman Brothers, MF Global, Nortel Networks, Tribune, TOUSA Homes, Visteon, Circuit City, General Motors and Smurfit-Stone, among others. Provision of advice to hedge funds and other investment firms regarding defense of ongoing and threatened fraudulent transfer actions in Bernard L. Madoff and Thomas J. Petters bankruptcy proceedings. Representation of administrative agent under a $300 million syndicated credit facility in the Chapter 11 proceedings of the Le-Nature's, Inc. bottling company, and related lender liability litigation. Representation of asset-based lender in the Chapter 11 bankruptcy proceedings of Diversapack, LLC and its affiliates, including DIP financing, negotiation of Chapter 11 plan and contested sale of assets, resulting in successful settlement of lien priority 7

3 disputes with other secured creditors. Representation of administrative agent and letter of credit issuer under $220 million secured letter of credit issued to Mirabella at South Waterfront, a continuing care retirement community, in the out-of-court restructuring of its loan agreements. Defense of administrative agent under a $1 billion syndicated credit facility in connection with lender liability litigation arising out of the Genesis Health Ventures, Inc. bankruptcy proceedings. Representation of administrative agent under a $280 million syndicated credit facility in the coordinated Chapter 7 and Canadian liquidation proceedings of Progressive Molded Products, formerly a chief supplier of molded dashboards for the Big 3 automakers. Representation of substantial secured lender in the Chapter 11 proceedings and outof-court restructurings of several Las Vegas casinos, including the Fontainebleau Las Vegas resort and casino, Station Casinos, Inc. and M Resort. Representation of numerous suppliers and creditors of Delphi, Inc., a leading auto parts supplier to General Motors, in connection with Delphi's Chapter 11 proceedings, claims litigation and bankruptcy avoidance actions. Distressed Real Estate Representation of national bank and commercial mortgage lender in the workout of a $200 million-plus portfolio of, New Jersey and Connecticut-based real estate loans and related single-asset realty bankruptcy cases. Representation of mezzanine lender under $240 million loan to the developers of the Trump SoHo, a preeminent hotel and condominium high-rise in City, in a successful UCC Article 9 foreclosure of the equity interests securing the loan. Representation of leasehold mortgage lender in restructuring negotiations and foreclosure of $30 million loan to multi-state airport maintenance and service operator. Representation of City hotel owner in lease disputes and commercial litigation with ground lessor, including successful applications to obtain Yellowstone injunctions and declaratory relief preventing termination of the lease. Representation of real estate lender and shopping center owners in litigation to unwind $50 million purchase contract. Representation of commercial mortgage lenders in contested foreclosure proceedings concerning City properties valued in excess of $50 million, resulting in judgments of foreclosure and sale in favor of the lenders. Representation of real estate fund managers in orderly wind-down of selected funds under and Delaware dissolutions laws. Provision of advice to real estate lenders in negotiation and drafting of new loan 8

4 documents and guarantees concerning defaults and remedy enforcement. Counsel to real estate investment funds with respect to acquisition of distressed notes and foreclosure litigation strategy. Intellectual Property Lead litigation counsel for trademark holding company in successful defense and enforcement of its trademark rights in Hart-Marx bankruptcy litigation and appeal. Representation of television programming copyright owners in workout of defaulted license agreements with US and international licensees and negotiation and drafting of new license and sales agency agreements. Additional Representations Representation of structured finance lenders to auto-loan servicers in connection with borrowers' dissolution under state laws and management of litigation and bankruptcy risks. Representation of structured finance lenders to pay-day loan servicers in the involuntary bankruptcy proceedings of borrowers and related avoidance action litigation. Counsel to federal court-appointed receiver of judgment debtor's assets with respect to enforcement of $100 million judgment and related fraudulent transfer litigation under law. Counsel to commercial lenders in connection with negotiation and drafting of firstlien/second-lien intercreditor agreements. Lead counsel to asset-based lender with respect to strict foreclosure of borrowers' assets under UCC Article 9 and restructuring of loan commitments. Representation of secured lenders in connection with numerous UCC Article 9 foreclosures of personal property and pledged stock. Memberships American Bankruptcy Institute Brooklyn Law School, Zaretsky Bankruptcy & Commercial Law Center, Steering Committee Association of the Bar of the City of State Bar Association Advisories Clouds on the Horizon for Claim Purchasers in the Third Circuit (December 12, 2013) OGX Insolvency What Distressed Investors Need to Know About Brazilian Bankruptcy Process (November 7, 2013) 9

5 Municipal Bankruptcies: An Overview and Recent History of Chapter 9 of the Bankruptcy Code (July 23, 2013) Ninth Circuit Holds That Debt Can Be Recharacterized as Equity (June 5, 2013) US Supreme Court Upholds Right of Secured Creditors to Credit Bid Under Chapter 11 Plan (June 5, 2012) Delaware Bankruptcy Court Dismisses Chapter 11 Petition of Mezzanine Borrower as Filed in Bad Faith (January 24, 2012) TOUSA Fraudulent Transfer Decision Reversed by District Court (February 22, 2011) LSTA Publishes Revised Documents Effective August 6, 2010 (August 9, 2010) Articles Co-author, Look Before You Lend: Creditors' Rights Against Single-Member LLC Owners (March 9, 2015) "Rule 2019: A Long Neglected Rule of Disclosure Gains Increasing Prominence in Bankruptcy," Pratt's Journal of Bankruptcy Law (July 1, 2007) 10