< Directory Keith N. Sambur

Keith N. Sambur practices in the firm’s corporate department, and specializes in bankruptcy and restructuring matters. Mr. Sambur frequently represents companies facing financial or operational distress as well as secured and unsecured lenders, hedge funds, investment banks, and other financial institutions in connection with strategic investments in troubled or highly leveraged companies. In this capacity he has also counseled DIP and exit facility lenders as well as parties seeking to purchase assets pursuant to a "363" sale.

Mr. Sambur has also represented borrowers and lenders in lending transactions involving both non-investment grade and investment grade companies. He represents banks, investment banks, hedge funds, and other financial institutions in connection with direct lending, as well as investments in syndicated loans in the secondary market.

Mr. Sambur has drawn on this varied experience to help create new financial products and fashion pragmatic, sometimes novel, solutions to complex problems that frequently blend and adapt techniques from various legal disciplines.

Mr. Sambur has lectured on a variety of restructuring issues for legal and business audiences.  He is a member of the American Bankruptcy Institute and Loan Syndications and Trading Association.  Examples of Mr. Sambur's representations include:

Restructuring Representations

• Represented Mirant in an exchange offer and attempted prepackaged plan of reorganization;
• Represented Winn-Dixie Stores in its chapter 11 reorganization;
• Represented The Delaco Company in its chapter 11 reorganization;
• Represented the lead investor in its acquisition of a majority equity stake in a heating-oil delivery company through the conversion of its debt to equity in its chapter 11 reorganization;
• Represented an institutional investor in connection with $75 million lease rejection claims against an automotive parts manufacturer in chapter 11 proceedings;
• Represented the lead investor in connection with the purchase of senior secured loans and the origination of a DIP loan to an energy producer in chapter 11 proceedings and the subsequent acquisition of substantially all of the debtor's assets;
• Represented ad hoc secured lenders in connection with the restructuring of approximately $500 million of debt of a satellite operator in chapter 11 proceedings;
• Represented secured lenders in connection with the bankruptcy of the nation's largest registered traveler program operator; and 
• Represented an investment bank in the sale of $1 billion of claims against Lehman Brothers.

Corporate Transactions

• Represented a private equity fund in a real estate mezzanine investment;
• Represented a telecom company in connection with a $700 million secured credit facility;
• Represented an agent bank in connection with a multibillion-dollar loan for the development of liquefied natural gas fields in Qatar; and
• Represented an agent bank in connection with the restructuring of a term loan made to an automotive parts manufacturer and the negotiation of working capital facility and intercreditor agreements.

Mr. Sambur is admitted to practice in New York, the United States District Court for the Southern District of New York and the United States District Court for the District of Colorado.

Prior to joining Richards Kibbe & Orbe LLP, Mr. Sambur was an associate with Skadden, Arps, Slate, Meagher & Flom LLP.

Seminars & Speaking Engagements

• RK&O hosts "Distressed Lending and Strategic Investment - A Cautionary Tale" seminar

Publications

• "Buyers Beware: Delaware Bankruptcy Court Finds that Avoidance Risk Travels with Debt Purchases" by Paul Haskel and Keith Sambur
• "'DBSD': Has Confirming a Plan Become More Difficult?" by Michael Friedman and Keith Sambur published by GC New York
• "Supreme Court Approves Amendments to Bankruptcy Rule 2019: Amendments Likely to Take Effect on December 1, 2011" by Jon Kibbe, Michael Friedman and Keith Sambur
• "The Secured Lender Review: Seven Cautionary Rules" by Keith Sambur
• "Secured Lender Review: Seven Cautionary Rules" by Keith Sambur published by Law360
• "Passive Investors Only -- Strategic Investors Need Not Apply: Dish Network Corp. v. DBSD N. AM., Inc." by Michael Friedman and Keith Sambur
• "Are Second Lien Lenders Entitled to Object to a 363 Sale? According to a Recent Decision, the Answer is a Resounding 'Yes!'" by Keith Sambur published by The Secured Lender
• "2nd-Lien Lenders Get Louder" by Keith Sambur published by Law360
• "Can Second Lien Lenders Be Heard In Connection With A 363 Sale? The Answer In Boston Generating Is A Resounding 'Yes.'" by Keith Sambur
• "Distressed Investor Alert: Revisions to Bankruptcy Rule 2019 Will Discourage Active Involvement in U.S. Bankruptcy Cases" by Jon Kibbe, Michael Friedman and Keith Sambur
• "Acquiring Companies in Bankruptcy" co-authored by Michael Friedman published in Executive Counsel magazine
• "Unanimous Lender Consent Provisions: Protection?" by Nicholas Whitney and Keith Sambur appears on Law360
• "Unanimous Lender Consent Provisions May Not Provide the Protection Expected" by Nicholas Whitney and Keith Sambur
• "Enforcement of Creditors' Rights Under the UCC: Is Shareholder Consent Required?" by Larry Halperin and Keith Sambur
• "Effectiveness of Power of Attorney Provision in Claim Purchase Agreements in Bankruptcy - Delphi Bankruptcy Case Raises Issue" by Michael Friedman, Joon Hong and Keith Sambur
• "Cure Claims in Bankruptcy - Delphi Bankruptcy Case Raises Issues" by Michael Friedman, Joon Hong and Keith Sambur