In Brief: A Digest of Biofuels Projects

Client Success

Represent a publicly traded, vertically integrated ethanol company that operates six ethanol plants capable of producing 480 million gallons per year (MGY) of ethanol and 1.5 million tons per year of distillers grains, as well as marketing an additional 360 MGY of ethanol third parties and blending/terminaling 495 MGY of fuels. Represent client in a broad range of legal matters including corporate governance, SEC reporting, operations, acquisitions, construction litigation and employee benefits.
Represent a public ethanol issuer with a 55 MGY ethanol plant in all aspects of finance and operations, including a $42.5 million Farm Credit System credit facility (lender selection, structuring closing, ongoing amendments) and provided representation on $9 million tax-increment financing. Provided representation on all environmental permitting matters related to plant construction and operations. Advised client in connection with final settlement of claims against construction contractor related to contracts in excess of $70 million for plant construction.
Represent a public ethanol issuer that operates a 125 MGY ethanol plant utilizing excess steam from adjacent coal-fired power generation plant with significant minority investment from international grain trading company. Represent client in all aspects of corporate governance, financing, SEC reporting, service provider contract, as well as environmental regulations regarding air and wastewater emissions, including $126 million credit facility and establishment of a $36 million subordinated term loan facility.
Represented an ethanol producer in a $20 million equity investment by an India-based company and a total of $110 million of long-term debt financing from a European banking group. Represented client in all negotiations with project lenders, vendors, service providers, feedstock providers and ethanol and distillers grain marketers, as well as environmental regulators regarding air and wastewater emissions and water use.