• John Bessonette represents publicly traded and privately held companies in mergers and acquisitions, capital-raising transactions, equity and debt investments, joint ventures, and other transactions. He advises publicly traded companies on SEC reporting, corporate governance and related matters. He also has significant experience representing hedge funds, private equity firms and other institutional investors in M&A transactions, minority and control equity investments, debt investments, and direct financings, as well as in restructuring matters including private and public exchanges of securities, backstop commitments and rights offerings.

    Experience

    • Represented Francisco Partners in strategic growth investment in Acoustic L.P., a global marketing and customer experience provider for B2C brands.

    • Representing Pontifax, the leading Israeli life sciences fund, in numerous debt and equity financing transactions with U.S. and European publicly traded emerging growth biotech and pharmaceutical companies.

    • Represented Focus Financial Partners Inc., a leading partnership of independent fiduciary wealth management firms, in the acquisition of the assets of Mid-Continent Capital, a registered investment adviser, by Connectus Wealth Advisers Inc., among other acquisitions.

    • Representing, in multiple financings, an emerging growth platform company focused on early detection of cancer and other diseases.

    • Representing representations and warranty insurers in underwriting of RWI policies.

    • Represented Trinity Place Holdings Inc. in its entry into a joint venture with TF Cornerstone and the subsequent $137.75 million acquisition of and $82.75 million financing for a multi-family building in Williamsburg, Brooklyn.

    • Represented Trinity Place Holdings in connection with a strategic investment, consisting of a multiple draw secured term loan facility in the amount of $70 million (subject to an increase to $95 million in certain circumstances) and warrants, by a global institutional investment firm with more than $30 billion under management.   

    • Represented a European investor group in the acquisition of the Oxbow Activated Carbon business, with facilities in the U.S., the Netherlands and France.

    • Represented VICI Properties Inc., a NYSE-listed REIT, in its entry into a $3.2 billion definitive agreement with Eldorado Resorts Inc. (NASDAQ: ERI) in connection with Eldorado’s proposed business combination with Caesars Entertainment Corp. (NASDAQ: CZR).

    • Represented ebbu, a leader in hemp research, in its sale to Canopy Growth Corp., a global, diversified cannabis and hemp company, for 6.2 million Canopy shares, CA$25 million cash and up to CA$100 million upon achievement of scientific milestones.

    • Represented Viking Energy Group in connection with the financing for its acquisition of $90 million of oil and gas assets.

    • Represented VICI Properties Inc. in connection with its agreement with Caesars Entertainment Corp. to acquire and lease back the land and real property improvements associated with Harrah’s Hotel and Casino in Las Vegas for approximately $1.1 billion and the $73.5 million sale to Caesars of undeveloped land adjacent to the Las Vegas Strip. 

    • Represented VICI Properties Inc. in a $1 billion private placement equity financing and agreement for the repurchase of $400 million of Caesars Palace Las Vegas mezzanine debt.

    • Represented Trinity Place Holdings, a New York-based real estate company, in capital markets transactions and other matters.

    • Represented investors in Gold Reserve, a mining company with a $700 million claim against Venezuela for the expropriation of a gold reserve, in connection with numerous financings and refinancings.

    • Represented an investor in the sale of SP Fiber and of SP Fiber’s interest in Green Power Solutions to WestRock for $288.5 million.

    • Represented the principal lender in the project financing of Green Power Solutions, a renewable energy power plant in Georgia.

    • LATAM Airlines Group S.A. - Represented hedge funds and other financial institutions holding $5.5 billion of claims in a backstop purchase agreement for $3.7 billion of convertible notes and common shares in LATAM, the largest airline in Latin America, as well as a restructuring support agreement and securities and governance matters.

    • Valaris plc - Represented hedge funds and other financial institutions holding $3.7 billion of bond debt, in a backstop purchase agreement for $500 million of first-lien notes and ordinary shares in Valaris plc, one of the largest offshore oil rig companies in the world, as well as a restructuring support agreement, governance matters and $500 million in debtor-in-possession (DIP) financing.

    • Noble Corp. plc - Represented hedge funds and other financial institutions holding $700 million of bonds, in connection with a backstop purchase agreement for $200 million of second-lien notes and ordinary shares in Noble Corp. plc, a leading offshore drilling owner and operator, and with a restructuring support agreement and governance matters.

    • MBIA Insurance Corp. - Represented the purchasers of $278 million of 12% senior secured notes issued by MZ Funding LLC, a special-purpose affiliate of MBIA Insurance Corp. The notes were issued to refinance existing notes issued by MZ Funding to provide MBIA with financing to pay claims on its policy insuring notes issued by certain Zohar entities.

    • Mallinckrodt Pharmaceuticals LLP – Represented the Ad Hoc Committee of State Attorneys General and the Plaintiffs Executive Committee in connection with corporate matters related to the Mallinckrodt restructuring, including warrants and registration rights.

    • Ambac Assurance Corporation - Represented holders of preferred shares of Ambac, a subsidiary of Ambac Financial Group Inc. (AFG), in connection with an exchange of approximately $660 million aggregate liquidation preference of Ambac preferred shares for senior surplus notes of Ambac and cash and warrants from AFG.

    • Caesars EntertainmentRepresented an ad hoc group of holders of $3.5 billion of first-lien bonds issued by Caesars Entertainment Operating Co. (CEOC) in connection with exit financing, backstop commitments, preferred-stock issuance and other matters involving the CEOC bankruptcy.

    • Peabody Energy Corp. - Represented Elliott Management Corp. and Aurelius Capital Management LP in the $1.5 billion equity exit financing for Peabody Coal’s Chapter 11 cases, consisting of $750 million of preferred stock and a backstopped $750 million rights offering of common stock and warrants.

    • Energy Future Holdings - Represented holders of Energy Future Holdings (EFH) debt securities in private and public exchanges totaling billions of dollars, and the indenture trustee and steering committee of holders of $2.4 billion in EFIH second-lien notes in the EFH bankruptcy proceedings.

    • Patriot Coal - Represented the largest secured creditors in the bankruptcy of Patriot Coal.

    • Residential Capital - Represented the Unsecured Creditors Committee in the bankruptcy of Residential Capital (ResCap), a subsidiary of Ally Financial Inc. that serviced $375 billion of domestic residential mortgage loans, in a $2.1 billion settlement, multiple dispositions of businesses and assets, and the establishment of a liquidating trust.

    • Kodak - Represented holders of $600 million in unsecured bonds in the bankruptcy of Eastman Kodak Co., including the backstop of Kodak’s $400 million equity rights offering exit financing.

    • Orchard Brands - Represented American Capital Ltd. in the bankruptcy of Orchard Brands, including a $140 million debtor-in-possession financing.

    • SP Newsprint - Represented a secured lender to SP Newsprint in connection with the lender’s successful credit bid for the assets of SP in a 363 sale and related financings.

    • AbitibiBowater - Represented an ad hoc group of bondholders and lenders of $205 million in DIP financing to AbitibiBowater Inc., the world’s largest newsprint producer, in its Chapter 11 restructuring.

    • White Birch - Represented an ad hoc group of secured lenders in a contested credit bid by the first-lien agent in connection with the 363 sale of White Birch, the second-largest producer of newsprint in North America.

    Credentials

    Education

    • J.D., University of Virginia School of Law, 1998
    • B.A., with honors, Johns Hopkins University, 1994

    Bar Admissions

    • New York, 1999

    Professional Affiliations

    • American Bar Association
    • New York State Bar Association