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Timothy Fesenmyer is a partner in the firm’s M&A and corporate governance practices. He has significant experience advising companies and their boards of directors, executive management and legal teams in public and private mergers and acquisitions, joint ventures and other complex corporate transactions, including in restructuring and special situations matters. In addition, he regularly advises clients in other corporate, securities, strategic and business-related matters, including corporate governance, stockholder and compliance matters, SEC reporting obligations and disclosure issues, and general corporate and commercial matters.

Mr. Fesenmyer has had substantial transactional involvement across numerous industries, including consumer products, financial services, media and entertainment, telecommunications, food and beverage, professional sports, building products, insurance, retail and technology.  Mr. Fesenmyer has been involved in many notable domestic and cross-border M&A and other corporate transactions representing acquirers, sellers and targets.  Notable examples include: Anheuser-Busch Companies, Inc. in connection with its acquisition by InBev N.V.; Anheuser-Busch InBev N.V. in its acquisition of the remaining stake of Grupo Modelo, S.A.B. de C.V. not previously owned by it; Ash Grove Cement Company in its acquisition by CRH plc; Ben & Jerry’s Homemade, Inc. in its acquisition by Unilever; Citigroup Inc. in the sale of its life insurance and annuity business to MetLife; The Coca-Cola Company in its acquisition of Energy Brands Inc. d/b/a Glacéau; Dean Foods Company in the sale of its Morningstar Foods division to Saputo Inc. and its acquisition of the Alpro soy foods division of Vandemoortele N.V.; Tumi Holdings, Inc. in its acquisition by Samsonite International S.A.; The WhiteWave Foods Company in its acquisition by Danone S.A.; and Xerox Holdings Corporation in its unsolicited offer and proxy contest for HP Inc. and the restructuring of its relationship with FUJIFILM Holdings Corporation, including the sale of Xerox's 25% stake in Fuji Xerox Co., Ltd. to a subsidiary of FUJIFILM.

Mr. Fesenmyer also has substantial experience advising clients in corporate, transactional, governance and other business matters across a broad range of restructuring and special situations matters, including in connection with Chapter 11 cases, out-of-court restructurings, reorganizations and workouts, and distressed and opportunistic acquisitions, equity investments, sales and financings.  Recent debtor examples include affiliates of iAero Airways in connection with the sale of substantially all of the assets of iAero Thrust to FTAI Aviation and Unical Aviation Inc. and the sale of substantially all of the assets of iAero Airways to Eastern Airlines and affiliates of Red Lobster in their pending stalking horse sale of their business as a going-concern to their existing term lenders.  Recent lender examples include Antares Capital (and a group of lenders) in the pending acquisition of substantially all of the assets of Shoes for Crews in connection with its pending Chapter 11 case, Blue Torch Finance in the acquisitions of substantially all of the assets PGX Holdings, Inc., Near Intelligence, Inc. and Troika Media Group, Inc. in connection with their separate Chapter 11 cases and Brightwood Capital Advisors as joint-venture purchaser of substantially all the assets of Delphi Behavioral Health Group, LLC in connection with its Chapter 11 case.

Mr. Fesenmyer also has represented media companies and investors in a variety of complex, high-profile transactions, ranging from the formation of television networks and other media joint ventures and strategic alliances to agreements relating to content production, licensing and distribution across various media platforms.  He also has advised real estate investment trusts (REITs) and special purpose acquisition companies (SPACs) in connection with both U.S. and cross-border transactions and corporate matters and has represented clients on the corporate aspects of certain professional sports matters, including league formation and other league matters, investments and other transactions involving leagues and teams.

Mr. Fesenmyer also has advised investment banking clients in transactional work and has represented both issuers and underwriters in equity and debt offerings.

Prior to joining King & Spalding, Mr. Fesenmyer spent nearly two decades with Skadden, Arps, Slate, Meagher & Flom LLP in New York.

Full Bio

Credentials

J.D., University of Pittsburgh School of Law

M.P.A., University of Pittsburgh

B.A., Miami University-Oxford

New York

Board of Directors, KaBOOM!, Inc. (2010-2018)

Matters

Significant U.S. and cross-border representations in which Mr. Fesenmyer has been involved include:

Aerotech Miami Inc. d/b/a iAero Tech, et al. in connection with the companies’ Chapter 11 cases and subsequent 363 sale to Eastern Airlines

Anheuser-Busch Companies, Inc. in connection with its acquisition by InBev N.V.

See more

Close

Matters

Significant U.S. and cross-border representations in which Mr. Fesenmyer has been involved include:

Aerotech Miami Inc. d/b/a iAero Tech, et al. in connection with the companies’ Chapter 11 cases and subsequent 363 sale to Eastern Airlines

Anheuser-Busch Companies, Inc. in connection with its acquisition by InBev N.V.

Anheuser-Busch InBev N.V. in its acquisition of the remaining stake of Grupo Modelo, S.A.B. de C.V. not previously owned by it

Antares Capital (and a group of lenders) in their respective capacities as first lien agent, prepetition lenders, DIP lenders and 363 credit bid purchaser of assets in connection with the pending Chapter 11 bankruptcy cases of Shoes for Crews

A. Schulman, Inc. in its acquisition by LyondellBasell Industries N.V.

Ash Grove Cement Company in its acquisition by CRH plc

ASML Holding N.V. in its acquisition of Cymer, Inc.

BC Partners and affiliates in connection with financing and recapitalization of Riddell

Belden Inc. in its merger-of-equals transaction with Cable Design Technologies

Ben & Jerry’s Homemade, Inc. in its acquisition by Unilever

BlackRock, Inc. in its acquisition of the fund of funds business of Quellos Group, LLC

Blue Torch Finance as DIP agent, prepetition administrative agent and joint venture purchaser through credit bid of substantially all the assets of PGX Holdings, Inc. and its affiliated companies in connection with their Chapter 11 cases, as as DIP agent, prepetition agent and credit bid purchaser of substantially all the assets of Near Intelligence, Inc. and its affiliated companies in connection with their Chapter 11 cases and as DIP agent, prepetition agent and credit bid purchaser of substantially all the assets of Troika Media Group, Inc. and its affiliated companies in connection with their Chapter 11 cases

Brightwood Capital Advisors as DIP agent, prepetition agent and joint-venture purchaser of substantially all the assets of Delphi Behavioral Health Group, LLC and its affiliated companies in connection with their Chapter 11 cases

Capricorn Investors in its investment in Mrs. Fields’ Original Cookies, its acquisition of controlling interests in TCBY and the formation of Mrs. Fields Famous Brands, Inc.

CEMEX S.A.B. de C.V. in a number of transactions, including its acquisition of Puerto Rican Cement Company, Inc. and its divestiture of certain assets to CRH plc in connection with its acquisition of Rinker Group Ltd.

Citigroup Inc. in a number of transactions, including the sale of its life insurance and annuity business to MetLife, the sale of its wealth management services business to affiliates of Genpact Limited and certain long-term bancassurance distribution arrangements

The Coca-Cola Company in its acquisition of Energy Brands Inc. d/b/a Glacéau

CURO Group Holdings Corp. in the sale of its Canadian point-of-sale business Flexiti, the sale of its legacy U.S. direct lending business, its acquisition of First Heritage Credit and its acquisition of SouthernCo, Inc. d/b/a Heights Finance

Dean Foods Company in the sale of its Morningstar Foods division to Saputo Inc. and its acquisition of the Alpro soy foods division of Vandemoortele N.V.

EverBank Financial Corp in its acquisition of Tygris Commercial Finance Group and its initial public offering

First Quality Enterprises, Inc. in its acquisition of Covidien Ltd.’s retail products unit

Fortress Investment Group LLC in its 80 percent acquisition of American General Finance Inc.

The principal investment area of The Goldman Sachs Group, Inc. in the formation and subsequent recapitalizations of Yankees Entertainment and Sports (YES) Network

GP Investments Acquisition Corp. in its proposed, but terminated, acquisition of World Kitchen and its business combination with Rimini Street Inc.

HeartFlow Holding, Inc. in its announced, but terminated, SPAC business combination with Longview Acquisition Corp. II

IMAX Corporation in its investment in a television network joint venture with Sony Corporation and Discovery Communications and in its licensing of certain exclusive rights in the digital cinema field to certain laser projection technology from Eastman Kodak Company

James Hardie Industries SE in its transformation to a European Company (Societas Europaea (SE)) and the transfer of its corporate domicile from The Netherlands to the Republic of Ireland

KKR Credit Advisors as prepetition and DIP lender in connection with Chapter 11 cases of Sequential Brands Group

Liberty Mutual Group Inc. in connection with its sale of Liberty Life Assurance Company of Boston to Lincoln Financial Group and the subsequent reinsurance of Liberty’s individual life and annuity business to Protective Life Insurance Company

Marubeni Corporation in its acquisition of Gavilon Group LLC

Red Lobster and certain of its affiliates in their pending Chapter 11 cases and pending stalking horse sale of their business as a going-concern to their existing term lenders

Refco Inc. in the sale of various assets in bankruptcy

Regulatory Data Corp. in its acquisition by Vista Equity Partners

Robb Report in its sale to Rockbridge Growth Equity

SEGRO plc in the sale of its U.S. life sciences real estate business to HCP, Inc.

SG Cowen & Co. in its separation from Société Générale and initial public offering

SL Green Realty Corp. in its corporate matters

Tumi Holdings, Inc. in its acquisition by Samsonite International S.A.

Verizon Business in its acquisition of Cybertrust Holdings, Inc.

The WhiteWave Foods Company in its acquisition by Danone S.A.

Xerox Corporation in its holding company reorganization resulting in Xerox Holdings Corporation becoming its publicly traded parent company.

Xerox Holdings Corporation in its unsolicited offer and proxy contest for HP Inc. and the restructuring of its relationship with FUJIFILM Holdings Corporation, including the sale of Xerox's 25% stake in Fuji Xerox Co., Ltd. to a subsidiary of FUJIFILM.

Insights

Article · Source: Practising Law Institute

November 15, 2023
Broker-Dealer Regulation Treatise

View all

Matters

Significant U.S. and cross-border representations in which Mr. Fesenmyer has been involved include:

Aerotech Miami Inc. d/b/a iAero Tech, et al. in connection with the companies’ Chapter 11 cases and subsequent 363 sale to Eastern Airlines

Anheuser-Busch Companies, Inc. in connection with its acquisition by InBev N.V.

See more

Close

Matters

Significant U.S. and cross-border representations in which Mr. Fesenmyer has been involved include:

Aerotech Miami Inc. d/b/a iAero Tech, et al. in connection with the companies’ Chapter 11 cases and subsequent 363 sale to Eastern Airlines

Anheuser-Busch Companies, Inc. in connection with its acquisition by InBev N.V.

Anheuser-Busch InBev N.V. in its acquisition of the remaining stake of Grupo Modelo, S.A.B. de C.V. not previously owned by it

Antares Capital (and a group of lenders) in their respective capacities as first lien agent, prepetition lenders, DIP lenders and 363 credit bid purchaser of assets in connection with the pending Chapter 11 bankruptcy cases of Shoes for Crews

A. Schulman, Inc. in its acquisition by LyondellBasell Industries N.V.

Ash Grove Cement Company in its acquisition by CRH plc

ASML Holding N.V. in its acquisition of Cymer, Inc.

BC Partners and affiliates in connection with financing and recapitalization of Riddell

Belden Inc. in its merger-of-equals transaction with Cable Design Technologies

Ben & Jerry’s Homemade, Inc. in its acquisition by Unilever

BlackRock, Inc. in its acquisition of the fund of funds business of Quellos Group, LLC

Blue Torch Finance as DIP agent, prepetition administrative agent and joint venture purchaser through credit bid of substantially all the assets of PGX Holdings, Inc. and its affiliated companies in connection with their Chapter 11 cases, as as DIP agent, prepetition agent and credit bid purchaser of substantially all the assets of Near Intelligence, Inc. and its affiliated companies in connection with their Chapter 11 cases and as DIP agent, prepetition agent and credit bid purchaser of substantially all the assets of Troika Media Group, Inc. and its affiliated companies in connection with their Chapter 11 cases

Brightwood Capital Advisors as DIP agent, prepetition agent and joint-venture purchaser of substantially all the assets of Delphi Behavioral Health Group, LLC and its affiliated companies in connection with their Chapter 11 cases

Capricorn Investors in its investment in Mrs. Fields’ Original Cookies, its acquisition of controlling interests in TCBY and the formation of Mrs. Fields Famous Brands, Inc.

CEMEX S.A.B. de C.V. in a number of transactions, including its acquisition of Puerto Rican Cement Company, Inc. and its divestiture of certain assets to CRH plc in connection with its acquisition of Rinker Group Ltd.

Citigroup Inc. in a number of transactions, including the sale of its life insurance and annuity business to MetLife, the sale of its wealth management services business to affiliates of Genpact Limited and certain long-term bancassurance distribution arrangements

The Coca-Cola Company in its acquisition of Energy Brands Inc. d/b/a Glacéau

CURO Group Holdings Corp. in the sale of its Canadian point-of-sale business Flexiti, the sale of its legacy U.S. direct lending business, its acquisition of First Heritage Credit and its acquisition of SouthernCo, Inc. d/b/a Heights Finance

Dean Foods Company in the sale of its Morningstar Foods division to Saputo Inc. and its acquisition of the Alpro soy foods division of Vandemoortele N.V.

EverBank Financial Corp in its acquisition of Tygris Commercial Finance Group and its initial public offering

First Quality Enterprises, Inc. in its acquisition of Covidien Ltd.’s retail products unit

Fortress Investment Group LLC in its 80 percent acquisition of American General Finance Inc.

The principal investment area of The Goldman Sachs Group, Inc. in the formation and subsequent recapitalizations of Yankees Entertainment and Sports (YES) Network

GP Investments Acquisition Corp. in its proposed, but terminated, acquisition of World Kitchen and its business combination with Rimini Street Inc.

HeartFlow Holding, Inc. in its announced, but terminated, SPAC business combination with Longview Acquisition Corp. II

IMAX Corporation in its investment in a television network joint venture with Sony Corporation and Discovery Communications and in its licensing of certain exclusive rights in the digital cinema field to certain laser projection technology from Eastman Kodak Company

James Hardie Industries SE in its transformation to a European Company (Societas Europaea (SE)) and the transfer of its corporate domicile from The Netherlands to the Republic of Ireland

KKR Credit Advisors as prepetition and DIP lender in connection with Chapter 11 cases of Sequential Brands Group

Liberty Mutual Group Inc. in connection with its sale of Liberty Life Assurance Company of Boston to Lincoln Financial Group and the subsequent reinsurance of Liberty’s individual life and annuity business to Protective Life Insurance Company

Marubeni Corporation in its acquisition of Gavilon Group LLC

Red Lobster and certain of its affiliates in their pending Chapter 11 cases and pending stalking horse sale of their business as a going-concern to their existing term lenders

Refco Inc. in the sale of various assets in bankruptcy

Regulatory Data Corp. in its acquisition by Vista Equity Partners

Robb Report in its sale to Rockbridge Growth Equity

SEGRO plc in the sale of its U.S. life sciences real estate business to HCP, Inc.

SG Cowen & Co. in its separation from Société Générale and initial public offering

SL Green Realty Corp. in its corporate matters

Tumi Holdings, Inc. in its acquisition by Samsonite International S.A.

Verizon Business in its acquisition of Cybertrust Holdings, Inc.

The WhiteWave Foods Company in its acquisition by Danone S.A.

Xerox Corporation in its holding company reorganization resulting in Xerox Holdings Corporation becoming its publicly traded parent company.

Xerox Holdings Corporation in its unsolicited offer and proxy contest for HP Inc. and the restructuring of its relationship with FUJIFILM Holdings Corporation, including the sale of Xerox's 25% stake in Fuji Xerox Co., Ltd. to a subsidiary of FUJIFILM.

Insights

Article · Source: Practising Law Institute

November 15, 2023
Broker-Dealer Regulation Treatise

View all

Credentials

J.D., University of Pittsburgh School of Law

M.P.A., University of Pittsburgh

B.A., Miami University-Oxford

New York

Board of Directors, KaBOOM!, Inc. (2010-2018)