
Nicholas Jay Houpt
Partner
Areas of Focus
- Capital Solutions
- Special Situations
- Private Capital
- Corporate & Finance
- Financial Restructuring
- Corporate Governance
- Mergers & Acquisitions
- Joint Ventures & Strategic Alliances
- Preferred Equity & Hybrid Capital
- Private Equity Transactions
- Private Equity
- A member of Akin’s integrated capital solutions and special situations teams, advising on high-stakes matters at the intersection of M&A, finance and restructuring.
- Counsels asset managers and their portfolio companies on liability management, distressed M&A, in- and out-of-court restructurings, crisis management, and post-reorganized corporate governance.
- Represents creditor groups in cutting-edge special situations financings involving first-of-its kind structures.
Nick is a key member of Akin’s integrated capital solutions and special situations teams. His practice sits at the intersection of M&A, finance and restructuring, focusing on the most challenging investments in highly scrutinized sectors, often under intense pressure from courts, regulators and the market.
He provides strategic counsel to some of the firm’s largest clients, including asset managers and their portfolio companies, on a wide range of capital deployment issues, including:
- Liability management
- Out-of-court restructurings
- Distressed M&A
- In-court restructurings
- Crisis management
- Post-reorganization corporate governance.
Special Situations, Liability Management and Ad Hoc Group Restructurings
Nick has advised creditors in complex special situations financings and restructurings, often involving innovative and cutting-edge structures, including representing:
- An ad hoc group of lenders, in connection with Avaya Inc.’s chapter 11 bankruptcy, including a $500 million debtor-in-possession (DIP) term loan credit facility, equitization of claims and rights offering, and now representing Avaya on corporate and governance matters
- An ad hoc group of secured creditors and DIP lenders in the chapter 11 cases of GenesisCare, involving $1.7 billion in liabilities, including the equitization of those claims and splitting the US and Australian/European business units into two separate reorganized companies.
- An ad hoc group of lenders in the chapter 11 cases of Marelli Holdings Co., Ltd., including its $1.1 billion DIP facility.
- An ad hoc group of lenders of Wheel Pros in connection with a first-in, last-out (FILO) financing and exchange transactions.
- An ad hoc group of term loan lenders of Travelport Worldwide in connection with a superpriority financing and exchange transactions.
- An ad hoc group of creditors in the chapter 11 cases of Intelsat and its affiliates.
- An ad hoc noteholder group in the comprehensive out-of-court recapitalization of Jonah Energy.
- An ad hoc group of lenders in their investment in Selectquote.
Nick has also advised companies in complex special situations matters and restructurings, including representing:
- Fusion Connect, a technology infrastructure provider, in an out-of-court restructuring, including an exchange transaction.
- Parallel, a vertically integrated, multi-state cannabis company, in connection with a bridge financing.
Post-Reorganized Corporate Representations
- Represented Culligan International Company in numerous transactional and governance matters, including its eventual acquisition by Advent International.
- Represented the shareholders of Mattress Firm in connection with its $4 billion sale acquisition by Tempur Sealy International Inc.
- Represented Neff Corporation in connection with its $1.3 billion acquisition by United Rentals, Inc., which followed Neff’s initial agreement to be acquired by H&E Equipment Services.
- Represented Outcome Health in connection with its combination with PatientPoint Health Technologies.
Strategic and Private Equity M&A
Nick represents leading private equity funds, alternative investors and companies in high stakes and complex M&A matters.
- Represented an affiliate of Elliott Investment Management in its proposed acquisition of PDV Holding Inc., the parent company of CITGO Petroleum Corporation, the Venezuelan-owned, U.S.-based refiner.
- Represented a large chain in the convenience retailing industry in several strategic transactions, including its $21 billion acquisition of approximately 3,900 Speedway locations in 35 states from Marathon Petroleum Corporation, its $3.3 billion acquisition of over 1,100 gasoline and convenience store locations in 18 states and several financings in connection with various acquisitions.
- Represented Sanctuary Wealth in its acquisition of Tru Independence, a Portland, Oregon-based enterprise that supports 30 RIA firms managing $12.5 billion in client assets.
- Represented Centerbridge Partners in the sale of Penhall Company.
- Represented a NYSE-listed industrial company in the divestiture of certain assets to a private equity portfolio company.
- Represented a NYSE-listed industrial company in the acquisition of another industrial company.
- Represented a NYSE-listed technology company in the divestiture of a division to a private equity fund.
EducationJ.D., Columbia Law School, 2011
B.A., University of Notre Dame, cum laude, 2008
J.D., Columbia Law School, 2011
B.A., University of Notre Dame, cum laude, 2008
Bar AdmissionsNew York
Texas
New York
Texas
- Euromoney, Expert Guides, Rising Stars, US: Corporate/M&A/Private Equity, 2020.
- The Deal, Rising Stars, 2020.