Safety-Kleen Emerges From Bankruptcy Protection

On December 24, 2003, Safety-Kleen Corp. emerged from Chapter 11 bankruptcy protection, which it had entered into on June 9, 2000. Safety-Kleen closed, on that date, senior secured financing facilities totalling US$295 million to finance its post bankruptcy operations.

Safety-Kleen and its Canadian subsidiaries were represented in Canada by Fraser Milner Casgrain LLP, with a team that included Joseph Marin, Dennis Wiebe, Jillian Shortt, Patrick Boyle, Christopher Steeves, Heidi Clark, Lori Lyn Chanda, Andrew Salem and Jeff Smolkin in Toronto, Joanie Schwartz in Montreal and Peter Cooke in Ottawa.

Fraser Milner Casgrain has acted as Canadian counsel for Safety-Kleen and its Canadian affiliates since the commencement of the Chapter 11 filings on matters in connection with Safety-Kleen’s proceedings, including its involvement in the restructuring of Laidlaw Inc. and Laidlaw Investments Inc. in Canada and in the US and in the sale by Safety-Kleen of its Canadian and US chemical services division assets and undertakings, which were sold on September 6, 2002.

Safety-Kleen Services, Inc., SK Holding Company, Inc. and subsidiaries, the borrowers, were represented by in-house counsel Jim Lehman, Mark Phariss, Brad Carl and Robin Everly. The borrowers were represented in Canada by Stanley Kugelmass and Regina Lee (corporate) of Blaney McMurtry LLP; by John Hanson and Deborah Power (borrowing) of Cox Hanson O’Reilly Matheson in New Brunswick; and by Morris Szwimer and Daniel Frajman (borrowing) of Spiegel Sohmer in Quebec; in the US by Skadden, Arps, Slate, Meagher & Flom LLP, with a team that included Charles Fox, David Almroth, Tiffany Tran Boydell, Peter Cohen, Gregory St. Clair, Steven Eichel, Steve Forbes, Andre LeDuc, Jeffrey Greenblatt and Anna Giabourani (banking and restructuring); by Tom Milch, Joel Gross and Jeffrey Bromme (environmental) of Arnold & Porter LLP; by Haynes & Boone, LLP, with a team that included Ann Saegert, Steven Wilson, Walter Miller and Clay Pulliam (real estate); and by Angelo Bufalino (intellectual property) of Vedder, Price, Kaufman & Kammholz PC.

Wells Fargo Foothill, Inc., one of the lenders, was represented in Canada by Blake, Cassels & Graydon LLP, with a team that included Daryl Clark, David O’Brien, Paul Cassidy, Nathan Cheifitz, Neal Wang, Nicole Handford, Yannick Beaudoin and Marc-Antoine La Rochelle; and in the US by Morrison & Foerster LLP, with a team that included Mark Joachim, Howard Siegel, Kate Weinstein, Alexis Coppedge, Norman Rosenbaum, Mee Jung Park, Scott Kohanowski, Melissa Jones, Deborah Fine, Brian Hayle, Jenie Oh, Nancy Hayes, Stephen Feldman and Emily Stone.

Silver Point Capital and Goldman Sachs Credit Partners, also lenders, were represented by Paul, Hastings, Janofsky & Walker, LLP, with a team that included John Francis, Hilson Hydee Feldstein, Chris Craig, David Freeman, David Rabin, David Walsh, Dina Tolia Gupta, Doug Schaaf, Joe Guay, John Goldman and Wanda France.

In Canada Torys LLP represented Safety-Kleen’s senior secured lending syndicate on all matters relating to the company’s restructuring process since 2000, including the lenders’ interests in relation to the Laidlaw restructuring, the divestiture of certain of Safety-Kleen’s businesses, and the transfer of equity ownership in Safety-Kleen to the lenders. The Torys team included Tony DeMarinis, Janie Tremblay, Jamie Feehely and Patricia Jackson. In the US Safety-Kleen’s lending syndicate was represented by Weil, Gotshal & Manges LLP, with a team that included Brett King, David Berz, Douglas Urquhart, Joan Thompson, Kathryn Turner, Peter Bove, Samuel Zylberberg, Soo-Jin Shim and Ted Waksman; and by Simpson Thacher & Bartlett LLP, with a team that included Mark Thompson and Joel Villaseca.