HPS Investment Partners, LLC
On November 21, 2018, LBI Media, Inc. and its affiliated debtors commenced chapter 11 cases. LBI was the largest privately held, minority-owned Spanish-language broadcaster in the United States, having expanded over the years into a national media company that owned or licensed twenty-seven (27) Spanish-language television stations and radio stations in the largest markets in the United States, as well as EstrellaTV, a Spanish-language television broadcast network. Prior to the commencement of the chapter 11 cases, after a competitive process to solicit financing bids to replace its first lien debt, HPS had assumed the rights and obligations of LBI’s first lien noteholders, including those in an intercreditor agreement between the first lien noteholders and second lien secured creditors, which set-out the relative rights, position, and priorities of the Debtor’s first lien and second lien secured creditors. In spite of the intercreditor agreement and the second lien secured creditors’ obligations thereunder not to challenge HPS’s loans, in the chapter 11 cases, a group of the second lien secured creditors attacked those loans, which had the potential to derail LBI’s restructuring with extended litigation. Ultimately, the parties were able to reach a consensual resolution after protracted and contentious negotiations. Young Conaway was retained to represent HPS as co-counsel working with Paul, Weiss, Rifkind, Wharton & Garrison LLP and Mololamken LLP.