Gabriel L. Mathless

Gabriel regularly represents financial institutions, investors and other key stakeholders in connection with financial and corporate restructuring matters across industries, including real estate, agriculture, healthcare, retail, restaurant, manufacturing, technology and transportation. He has extensive experience working out troubled credits, both in and out of court, and routinely negotiates credit facility amendments, forbearances, debt-for equity swaps, deeds-in-lieu, DIP credit facilities, distressed M&A transactions (including through 363 sales and article 9 foreclosures) and bankruptcy plans of reorganization or liquidation. Gabriel also has considerable experience negotiating intercreditor arrangements and advising in connection with intercreditor disputes.

Representative Experience

Representative Out of Court Restructuring Matters

• Represented real estate investor and asset manager in connection with workout of $500MM+ portfolio of troubled office real estate loans.  Representation included negotiation of forbearance agreements, credit facility amendments, deeds in lieu and mezzanine loan foreclosures
• Represented group of funds in connection with last out loan facility to chemical testing equipment manufacturer.  Representation included the negotiation of forbearance agreements, agreements among lenders, and multiple amendments to the underlying credit facility documentation and culminated in a debt for equity restructuring
• Represented administrative agent under credit facilities extended to franchisee of approximately 160 quick serve restaurants. Representation includes negotiation and documentation of various amendments to the credit facility, negotiations with franchisor, sales of certain groups of restaurants in various markets, and addressing the impacts of the COVID-19 pandemic on the borrower’s operations and liquidity
• Represented lender and equipment lessor affiliate in connection with restructuring of $67.5 million of loan exposure and $35 million of leasing exposure to family-owned grower, packer, and marketer of produce
• Represented one of the country’s top privately-held automotive chemical product producers in connection with a successful global out-of-court restructuring, which addressed substantial legacy liabilities, preserved significant and well-known intellectual property assets, and positioned the operating businesses for future growth
• Represented business development company as the senior secured lender to a Washington State-based software company.  Representation included navigating an extended sale process, board governance challenges, and significant liquidity issues and culminated with a liquidation of assets and state court receivership

Representative Bankruptcy Matters

• In re Perkins & Marie Callender’s, LLC.  Chapter 11 representation of administrative agent of $152 million senior secured prepetition credit facility and $7.75 million post-petition financing facility. Representation included negotiating and documenting the post-petition financing facility, negotiating the terms of and participating in three bankruptcy auctions for the sale of substantially all of the debtors’ assets, and negotiating the combined chapter 11 plan of liquidation
• In re FTD Companies, Inc.  Chapter 11 representation of administrative agent of senior secured credit facility in connection with $95 million post-petition financing facility
• In re Southern Foods Group, LLC (formerly d/b/a Dean Foods).  Chapter 11 representation of lender and arranger for Farm Credit System lending institutions in connection with $425 million post-petition financing facility and multiple amendments thereto
• In re SD-Charlotte, LLC.  Chapter 11 debtor-side representation of large franchise restaurant operator.  Representation included negotiating post-petition financing, cash collateral usage, and the successful sale of 73 Sonic Drive-In Restaurants and 14 MOD Pizza Restaurants in the midst of the COVID-19 pandemic
• In re Tidewater Inc.  Chapter 11 representation of equipment lessor with over $100 million of leasing exposure.  Representation included negotiating a favorable resolution to claims objection that avoided the need for an expensive trial and led to a significant recovery

Notable

• Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2024-2025
• Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law "Ones to Watch," 2021-2023
• Charlotte Business Journal’s “40 Under 40,” 2020
• One of eight individuals selected nationally as a Frank Family Fellow by the Jewish Council for Public Affairs, 2019-2020 cohort
• North Carolina Pro Bono Honor Society, 2017-2023
• Recipient of the President’s Cup and Executive Director’s Award from the Sandra and Leon Levine Jewish Community Center, 2017

Community Involvement:

• Chair, Mecklenburg County Citizen’s Capital Budget Advisory Committee
• Member, Mecklenburg Board of County Commissioners, Citizen’s Capital Budget Advisory Committee
• Vice-President, Sandra and Leon Levine Jewish Community Center
• Board Member, The Foundation of Shalom Park
• Leadership Charlotte, Class 41
• JCPA Frank Family Fellow, 2019-2020 cohort
• Bernstein Leadership Group, Class X

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