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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 acquisition of substantially all of the assets of Shoes for Crews in connection with its 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.
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