Kevin Prohaska's practice includes representing developers, owners and lenders in the agricultural, renewable energy and real estate sectors. His agribusiness representation includes owners, producers and investors in seed, grain, livestock and other agribusiness ventures, including sunflower, canola, wheat, soybean, corn and other seed and grain production businesses; swine, poultry and egg processing; beef and other livestock production facilities; and feed mills, cooperatives and related agribusinesses. Kevin has advised agribusiness clients in large acquisitions, mergers and other purchase-and-sale transactions; joint ventures, asset and stock acquisitions and sales; grain and commodity contracting and hedging activities; negotiations of debt facilities and equity offerings; and development agreements and other business contracts. Prior to his law career, he spent six years with two international seed and chemical companies in various management, research and sales capacities, and has used that experience to advise seed companies and seed certification entities in various matters.
Kevin has participated in the startup, development, acquisition and financing of renewable energy projects totaling more than 750 million gallons per year of fuel-grade ethanol production capacity. His renewable energy clients are involved in biofuels, biomass and wind developments. He has represented clients in transactions involving registered and private exempt securities offerings; issuances of private company tax-exempt and corporate bonds, mergers and acquisitions; negotiations of real estate development agreements and related easement, lease and title documents; senior construction and term debt facilities; subordinated debt and convertible debt facilities; and risk management agreements. He has also counseled investors, off-take marketers and credit enhancers on such projects.
- Advised multiple clients in the structuring, capitalization, and development of ethanol projects in several states, including assistance in all phases of equity and debt raising, contract negotiations, and related development activities.
- Advised ethanol client in merger transaction with another ethanol company.
- Advised biodiesel development company in its negotiations with technology provider and construction contractors; continuing to advise in negotiations with oil company, real estate site owners, prospective investors and lenders for anticipated construction and operation of facility.
- Advised large swine production clients in liquidation and restructuring of its debt facilities and corporate structures including negotiations with senior and subordinated lenders, trade creditors, partners and other entity owners, guarantors, and a court appointed receiver.
- Represented grain elevator in joint venture negotiations with large agricultural commodities processing company.
- Represented agricultural lender in negotiations and closings of construction, term and working capital debt facilities for three ethanol plants with an approximate aggregate loan value of $225MM, and advised lender in its related negotiations with participating lenders to the debt facilities.
- Advised ethanol marketing and distribution company in its negotiations with multiple ethanol developers for equity investments, marketing and off-take contracts, and provision of working capital and letter of credit facilities to the ethanol developments.
- Advised wind energy developer in the sale of its interest in wind energy project in Texas.
- Representing wind energy developer in its developments in South Dakota.
- Advising client in a waste-to-energy development involving large waste haulers and landfill owners.
- Advised client in development of contracts for purchase and resale of landfill biogas and associated RINs.
- Advising client in development of soy crush facility for production of high quality protein feedstock for dairy and beef, and high grade oil to market to the food, feed and biodiesel industries.
- Advised commercial real estate developer in connection with development of office towers and retail space.
- Advised residential home developer in the acquisition and development of multiple tracks of land for subdivision and home building.
- Advised client in formation of purchasing entity, and the acquisition and financing of large northern Minnesota lakeside resort business and associated properties.
Professional Honors & Activities
- Member, Iowa Bar Association
- Member, Minnesota State Bar Association
- Member, Hennepin County Bar Association
- Member, American Bar Association
- Presenter, "Understanding Project Finance Requirements," Waste Conversion Technology Congress, Philadelphia, PA, June 2011
- Iowa College of Law, J.D., 1988, with distinction
- Iowa State University, B.S. & M.S., 1980, with high honors
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