REPRESENTATIVE EXPERIENCE
Brandy A. Sargent
Commercial Bankruptcy and Insolvency
Represented national consulting practice in successful appeal of adverse bankruptcy court decision regarding contract assumption and termination matters
Represented financial advisor engaged by official committee of unsecured creditors in successful defense of disputed professional fees
Represented customer in successful transition of services in bankruptcy of data storage and cyber-security contract counterparty
Represented aircraft lessor in obtaining lease assumption and recovery of aircraft in bankruptcy of regional air carrier
Represented employee benefits provider in successful defense against recovery of payments received prior to its customer’s commercial bankruptcy
Represented buyer in bankruptcy asset purchase of commercial manufacturing facility
Represented principal in bankruptcies of former agents accused of non-competition and trade secret violations
Represented international electronic component manufacturer in bankruptcy and insolvency matters of customers
Represented wind energy provider in after-auction acquisition of bankrupt wind generation facility
Represented official committee of unsecured creditors in liquidation sale of bankrupt’s assets, and assertion of fraudulent transfer and fiduciary duty claims
Agricultural Bankruptcy and Insolvency
Represented national grocery cooperative in successful defense of PACA claims brought by produce supplier
Represented national agricultural cooperative in successful assertion of contract rights under member marketing agreements
Represented agricultural cooperatives in enforcement of setoff rights related to complex feeding, co-packaging, and sales contracts in dairy, creamery, and cattle bankruptcies
Represented national agricultural cooperatives, nursery, and commodity suppliers, in perfecting and recovering payment under Oregon's agricultural services and produce liens
Represented nationally known winery and commodity supplier in recovering payments under California's processor and seed supplier liens
Represented producer in recovering large receivable through informal PACA complaint
Represented food processor in recovering PACA claims in ice cream manufacturer bankruptcy
Represented numerous corn suppliers in successfully defending against preference claims in large bio-diesel manufacturer's bankruptcy
Represented agricultural cooperative in after-auction acquisition of bankrupt bio-diesel manufacturing facility
Represented national agricultural lender in obtaining full recovery of real estate loans to bankrupt dairy
Advised nationally known winery regarding disposition of warehoused wine
Represented nursery services provider in contract matters related to grower bankruptcy
Represented food manufacturer in negotiation of critical vendor treatment in national grocery bankruptcy
Agribusiness Operations
Represented agricultural cooperatives in negotiation of large non-member or non-marketing agreement commodity purchase transactions
Represented international specialty food company in negotiation of contracts and resolution of contract disputes
Represented agricultural cooperative in merger transaction
Represented national cold storage and logistics provider in negotiation of storage agreements and standard storage terms and conditions
Advised nursery service provider in development of standard services agreement
Advised vineyard on lien and security interest matters related to vineyard lease
Advised vertically integrated producer/processor in negotiation of land leases and compliance with PACA and state agricultural lien regulations
Advised corn, soy, and rice producers and processors regarding purchase and sale agreements, warehousing regulations, and terms and conditions
Advised client regarding due diligence matters related to PACA and state agricultural liens in purchase of processing facility
Advised nursery grower on development of standard terms and conditions
Represented a private investment firm focusing on food and agriculture businesses, in connection with the acquisition of 51% of a leading premium fresh fruit marketing and distribution company.
Corporate, Finance, M&A Transactions
Advised Vigor Industrial LLC, an Oregon-based company in the maritime industry, engaged in shipbuilding and repair and complex fabrication, in its sale to private equity firms The Carlyle Group and Stellex Capital Management. The transaction was part of a combined purchase by the Buyer of both Vigor and Marine Hydraulics International, LLC, a Virginia-based major marine repair and conversion contractor
Represented a global energy conglomerate with the purchase of a surface mining manufacturing company in a transaction worth approximately $1.28 billion
Represented a global energy conglomerate on the sale of one of its business lines to a global private equity firm, following an auction process
Advised a regional distributor of industrial equipment in its acquisition of the assets of a hose & fittings distributor
Represented a private equity investor investing in agribusinesses headquartered in the Western United States, in regulatory & contract matters in connection with its acquisition of assets of a California-based processor of fresh sliced apples, oranges, pears and other packaged fruits
Represented a private equity investor investing in agribusinesses headquartered in the Western United States in its second acquisition from its first fund, by acquiring 100% of the membership interests of a processor of fresh sliced apples and other packaged fruits
Represented a Washington-based producer and supplier of potato and tapioca starches to the paper and food industries in its sale to an Illinois-based leading global ingredients solutions company
Representation of closely-held private investment group in its acquisition of an industrial parts manufacturer in Indiana
Representation of ship and industrial repair service provider located in San Diego, CA in connection with its acquisition by a competitor
Assisted client with purchase of accounting practice and related commercial real estate
Represented a subsidiary of a Missouri-based agricultural biotechnology company on a revolving asset based loan facility and term loan facilities provided by First National Bank of Omaha
Represented a national wholesale tire distributor in connection with its financing used to fund working capital and general corporate matters. The financing consisted of a $200,000,000 secured ABL credit facility
Represented Japan's largest trust company as lender on a multifamily property in Portland, Oregon
Assisted with drafting supplier agreements for a U.S. seafood processor
Assisted a registered investment adviser specializing in global farmland and timberland portfolio development and management, with state & federal regulatory contract diligence in connection with integrated apple farming & handling facility acquisitions
Assisted with drafting supplier agreements for a year-round produce grower and shipper specializing in berries
Represented client in its acquisition of assets from a family-owned autobody and collision repair shop.
Represented a logistics company in connection with its sale to a global logistics solutions provider.
Assisted a publicly-traded specialty metals company and certain of its domestic subsidiaries as they closed a $600,000,000 Revolving Credit, Term Loan and Delayed Draw Term Loan Agreement in a syndicated secured asset based loan transaction.
Represented a supplier of aerospace structures, ground equipment, and tooling serving a variety of customers throughout the aerospace industry in its sale to a newly-formed subsidiary of a Dallas, TX-based private equity fund managing $2 billion in aggregated capital commitments.
Represented a nationwide permit expediting and consulting firm in its sale to a building code and permit expediting consulting company and subsidiary of a private equity firm that invests in high-growth, lower middle market companies in the outsourced business services sector.
Advised a distributor of fluid connectors, fluid power equipment, instrumentation products and seals, in its acquisition of the assets of an industrial parts distributor with eleven locations across California, Arizona and Nevada.
Advised a leading provider of home healthcare supplies in connection with a syndicated credit facility. The transaction provided partial funding for the acquisition of a competitor in a deal worth more than $2 billion in cash and stock. The new revolving and term loan facilities have over 200 subsidiary guarantors organized in 36 states.
Represented a publicly traded global leader in unmanned aircraft systems and tactical missile systems in connection with a new credit facility. The transaction provided a revolving loan and a term loan and was used, in part, to finance an acquisition.
Represented a recycling solutions and environmental services company in its acquisition of a manufacturer of custom polyethylene-based films and bags for markets throughout the U.S.
Represented a national material handling installer specializing in pallet racking/shelving installation in its sale to a subsidiary of a lower-middle market private equity firm.
