Overview
Rooted in experience.
Nexsen Pruet attorneys have handled all aspects of agribusiness credit for Farm Credit institutions in 40 states. Our Farm Credit Practice Group has deep, firsthand experience in agriculture and rural business lending of all types, with a focus on serving the needs of lenders in the Farm Credit system, including:
- Representing Farm Credit institutions in the documentation of more than $100 million in operating and real estate financing for various dairy operators across the United States
- Representing Farm Credit institutions in the documentation of more than $150 million in ranch financing
- Representing Farm Credit institutions in the documentation of more than $150 million in operating, construction and real estate financing for various greenhouse and nursery operators across the United States
- Representing Farm Credit institution in the documentation of a $200 million processing facility construction financing
- Representing Farm Credit institution in the documentation of a $300 million pork processing facility construction financing
- Representing Farm Credit institutions in the documentation of more than $500 million in operating financing for various poultry producers and processors across the United States
- Representing Farm Credit institutions in the documentation of more than $1 billion in operating financing for various cattle feeders across the United States
- Representing Farm Credit institutions in the documentation of more than $1 billion in financing of timber tract purchases and timber processing operators across the United States
- Investigating and advising Farm Credit institution in connection with a $2 million check kiting scheme by borrower
- Representing Farm Credit institution in a $5 million workout/bankruptcy of sweet potato grower and processor
- Representing Farm Credit institution in related Chapter 11 bankruptcy cases of processor and grower resulting in sale of strawberry packaging plant/land netting sufficient proceeds to repay the $3.4 million debt owed to the institution
- Supervising and conducting numerous investigations involving Farm Credit regulatory compliance
Farm Credit lending has a unique history, complex regulatory requirements and a vital place in our nation’s economy. Nexsen Pruet lawyers have decades of experience helping Farm Credit institutions structure deals — from simple loans to complex capital markets transactions in excess of $1 billion. These include construction and development loans, large operating loans in all segments of agriculture and term debt for timber and agricultural property, among others.
Our attorneys know that when drawing up the documents for a large Farm Credit transaction, standard credit agreements include many elements that simply do not apply in the unique world of Farm Credit. We structure cutting-edge agreements that are customized for Farm Credit institutions and based on our expansive knowledge of the agricultural finance sector.
Beyond transactions, Nexsen Pruet has extensive knowledge of the organizational and operational needs of Farm Credit institutions. These include drafting and revising bylaws, policies and procedures, as well as advice on employment law, standards of conduct, whistleblower matters and criminal referrals. We also serve as general counsel to various Farm Credit institutions.
We represent Farm Credit institutions in their interactions with the Farm Credit Administration and other governmental entities, and have assisted many institutions under regulatory supervision. This work includes conducting internal investigations involving multi-disciplinary attorneys, addressing sensitive personnel matters, guiding clients through criminal referrals and prosecutions, regulatory compliance issues and employee trainings.
Nexsen Pruet lawyers frequently assist Farm Credit lenders on loan defaults, distressed loans and borrower rights issues, as well as loan restructurings and forbearances, collections, foreclosures and bankruptcy matters.
Nexsen Pruet attorneys understand the rural markets that agribusiness lenders serve. Our practice group leader grew up on a farm. Another of our practice area members grew up in rural Texas and worked as a Farm Credit loan officer. We focus on this area of law because we are personally committed to it and know, from firsthand experience, how important it is.
Nexsen Pruet Farm Credit capabilities include:
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Understanding the landscape.
While deeply involved in Farm Credit work, our attorneys are also familiar with the broader landscape of rural business and agricultural finance. In addition to working with Farm Credit institutions, our attorneys sometimes represent other agricultural businesses and suppliers.
One of the reasons our attorneys understand Farm Credit and agribusiness issues is because of their long involvement in issues and policies affecting that sector. For example, Nexsen Pruet attorneys conceived of and designed the Rural America Bond Program, which has provided low-cost financing for many crucial rural projects.
Our Farm Credit lawyers also stay abreast of the critical issues that affect rural economies and farmers’ livelihoods: Trade and tariff issues, labor and immigration matters, diseases that sometimes affect specific crops and livestock, changes to environmental regulations and the potential of new agricultural products, such as industrial hemp.
Because Nexsen Pruet is a multi-specialty firm, our Farm Credit attorneys can tap other lawyers who specialize in trade, environmental law, finance, estate and succession planning, as well as communications professionals who specialize in media relations, brand strategy and crisis communications.
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Videos/Podcasts
The Farm Credit Administration, which is the regulator for the Farm Credit System, has been very active recently in modifying how Farm Credit institutions must govern themselves. Jay Hennig explains one recent development from the FCA which modifies how the annual elections are to be conducted.
Video Training Series: Farm Credit Tips
Video Training Series: Farm Credit Tips
The Farm Credit system has a unique history, complex regulatory requirements, and a vital place in our nation’s economy. Nexsen Pruet lawyers have decades of experience helping Farm Credit institutions structure lending deals and providing advice on standards of conduct, board governance, employment matters, fraud investigations, Borrower Rights, and criminal referrals to name just a few areas.
We’ve developed a series of practical videos to help Farm Credit institutions and their employees better understand and navigate some of these areas.
In this video, Lisa Sumner, bankruptcy attorney with Nexsen Pruet, talks about when a lender should obtain a loan guaranty from a husband or wife.
In this video, Lisa Sumner, creditors' rights attorney with Nexsen Pruet, talks about how to respond when you receive a demand to pay back a preferential transfer in a bankruptcy case.
David Gossett, Nexsen Pruet attorney and Agribusiness Team Leader, talks about Farm Credit Boards of Directors, who they are, how they are comprised, and what their duties are.
In this video, Lisa Sumner, creditors' rights attorney with Nexsen Pruet, talks about how Farm Credit Associations should handle patronage refunds when your borrower is in bankruptcy.
In this video, Sarah Batson, Nexsen Pruet attorney, discusses farm credit institutions and important steps you can take toward deterring and intercepting fraud.
In this video, Lisa Sumner, creditors' rights attorney with Nexsen Pruet, talks about the Perishable Agricultural Commodities Act and its impact on the rights of secured lenders.
Mark Bakker, employment attorney with Nexsen Pruet, discusses Farm Credit Associations and hiring best practices.
In this video, Sarah Batson, attorney with Nexsen Pruet, will discuss non-solicitations and protecting your customer base.
In this video, Lisa Sumner, creditors' rights attorney with Nexsen Pruet, talks about the impact of Chapter 12 bankruptcy on debts owed to farm lenders.
In this video, Sarah Batson, Nexsen Pruet attorney, discusses internal investigations for farm credit institutions.
