Structuring Farm and Agribusiness Loans: Key Terms, Mitigating Risks, and Role of the Farm Credit System and USDA
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will discuss the unique issues farm loans present given the underlying collateral and applicable laws. The panel will address best practices that lenders should follow when granting agricultural-based loans, techniques to combat the biggest challenges, advice on mitigating risks, and understanding the role of the Farm Credit System (FCS) and USDA Farm Service Agency.
Outline
- Sources of agricultural capital
- Commercial banks
- Insurance companies
- Equipment manufacturers
- Cooperatives
- Processors
- Farm Credit System
- Farm Credit Agency
- Types of loans
- Production loans
- Capital or operating loans
- Valuation of collateral
- Risks associated with agricultural lending
- Production risk
- Market volatility
- Government policies and legal risks
- Limited purpose collateral
- Tools and drafting techniques to mitigate risks
- Structuring the loan
- Short-term loans
- Medium-term loans
- Long-term loans
- Carryover debt
Benefits
The panel will review these and other key issues:
- What are some of the unique aspects of an agribusiness loan?
- What are the agribusiness lending opportunities?
- What role do the FCS, the Farm Service Agency, and other nonbank lenders play in the agribusiness credit market?
- What are the loan covenants and other credit enhancements that can be used to mitigate risk?
- What is the framework for assessing a borrower's loan repayment sources?
- What are the key considerations when structuring an agribusiness loan?
- What are the key issues and risks associated with agribusiness loans?
- How to assess the value of the unique collateral
Faculty
Matthew Bialick
Managing Partner
MJB Law Firm
Mr. Bialick is a banking and commercial law attorney who provides litigation, transactional and advisory support to... | Read More
Mr. Bialick is a banking and commercial law attorney who provides litigation, transactional and advisory support to banks and businesses. He provides legal assistance with respect to the entire lending and collection process, including: drafting all manner of loan documents, negotiating forbearance agreements and workout plans upon initial default, and handling loan participation disputes. Mr. Bialick has given numerous presentations, seminars and webinars through the Minnesota Bankers’ Association, Independent Community Bankers of Minnesota, the Commercial Finance Association of Minnesota, the Minnesota Continuing Legal Education Center and directly to banks, businesses and financial institutions on ag lending, among other topics.
CloseJeffrey A. Peterson
Shareholder
Winthrop & Weinstine
Mr. Peterson represents banks and financial institutions in connection with a wide range of matters, spanning... | Read More
Mr. Peterson represents banks and financial institutions in connection with a wide range of matters, spanning everything from front-end lending to workouts and bankruptcy. He as a special focus on the agriculture industry, and previously worked for Country Hedging Inc. (the commodity trading subsidiary of CHS) as a commodity branch manager and market analyst in Kansas City, advising clients on commodity hedging strategies and trading agricultural futures and options for grain and livestock producers and grain cooperatives in South Dakota, Nebraska, Kansas, and Colorado. Mt. Peterson has experience in the representation of financial institutions in commercial and agricultural loan negotiations, documentation, and workouts as well as the representation of financial institutions, lessors, and trade vendors state court receiverships and assignments for the benefit of creditors and in commercial and agricultural bankruptcy reorganizations and liquidations.
CloseBrandy A. Sargent
Partner
K&L Gates
Ms. Sargent represents debtors, lenders, vendors, purchasers, and official and unofficial committees in a variety of... | Read More
Ms. Sargent represents debtors, lenders, vendors, purchasers, and official and unofficial committees in a variety of commercial and agricultural bankruptcy, workout, and litigation matters. She has significant experience representing vendors, customers, and other contract counterparties in complex payment, performance, and contract compliance issues arising in bankruptcy and insolvency matters. Ms. Sargent regularly advises clients regarding supply chain disruptions arising in bankruptcy and insolvency cases. In addition, she has specific experience advising clients regarding consignment agreements, purchase money security interests, and warehouse and transportation liens. In agribusiness insolvency matters, Ms. Sargent assists clients with unique issues arising under the Perishable Agricultural Commodities Act (PACA), Food Security Act (FSA), state agricultural lien statutes, and cooperative member and marketing agreements.
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