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Agricultural Finance & Creditor’s Rights

Baird Holm attorneys represent lenders, borrowers, and investors in a broad range of agricultural and agribusiness loan transactions of all sizes and complexities. We have negotiated, documented, and managed every element of due diligence for agricultural and agribusiness financings including revolving lines of credit from a single lender to a single borrower, multi-site and multi-borrower agricultural real estate loans, billion dollar syndicated deals, and everything in between. Our experience in club deals includes both representation of the agent and representation of members of the lender group where our role has been to review loan documents as prepared by counsel for the agent. Our ag lender clients include local, regional, and national banks, insurance companies, and other institutional lenders.

In instances where loans are distressed, we represent ag sector clients in workouts, receiverships, financial restructuring and related litigation, both inside and outside of bankruptcy court. Our clients in these cases may be  lenders, bondholders, trade creditors, claims buyers, purchasers of distressed assets, and in select cases, debtor companies.  We have been counsel in ag-related enforcement and insolvency proceedings in courts all over the country.

Baird Holm attorneys are skilled at managing complex national deals while incorporating Midwestern pragmatism so that we can offer practical, cost-effective legal solutions that benefit clients of all sizes. This unique combination enables us to provide affordable, efficient counsel to large national lending institutions that rivals our competitors on the coasts, while also leveraging this knowledge to benefit our local community bank clients.

Agricultural Production Loans

In connection with agricultural production loans, the collateral has included:

  • Cattle
  • Citrus
  • Dairy
  • Eggs
  • Grain
  • Hogs
  • Nuts
  • Poultry
  • Tree fruit
  • Vegetables
  • Vineyards

Agribusiness Loans

Our attorneys' experience also includes operating lines of credit as well as real estate financing and construction development financing for agribusiness companies, including: 

  • Animal feed companies
  • Animal genetic companies
  • Animal processing plants
  • Cattle feedlots
  • Chemical companies
  • Cold storage facilities
  • Cotton merchandising companies
  • Ethanol plants
  • Flour mills
  • Grain companies
  • Grain storage facilities
  • Greenhouses
  • Grocery stores
  • Orange juice processors and storage facilities
  • Orchards
  • Raisin processors
  • Seed companies
  • Various food processors
  • Vegetable and citrus packers
  • Vineyards
  • Wineries

Other Types of Financing

In addition to loan transactions, we have extensive experience with commodity repos, forward contracts, and other forms of commodity derivate transactions. Furthermore, we have been engaged as bond counsel, as underwriter/placement agent counsel, and as letter of credit counsel, with respect to agribusiness related tax exempt Industrial Revenue Bond transactions.

Agricultural Creditor's Rights Matters

Our creditor’s rights attorneys' experience includes workouts, enforcement, and collections and bankruptcy proceedings in connection with the following agricultural collateral:

  • Cattle feedlots
  • Hog facilities
  • Row crop farming
  • Ethanol plants
  • Grain elevators
  • Vegetable and fruit packers

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500