Bio Town Ag, Inc.

Client

Bio Town Ag, Inc.: A Circularly Integrated Production Agriculture Operation

 

Challenge

Bio Town Ag, Inc. (“BTA”) is a circularly integrated production agriculture operation comprised of a cattle feedlot operation, a farrow to finish swine operation, a row crop operation, and an anaerobic digester that extracts methane gas from manure and other substrates to produce electricity that is sold on the electric grid.

 

Approach

BTA has involved Gutwein Law intimately in its development and operation. Gutwein Law has served as outside general counsel to BTA and among other tasks, BTA has hired Gutwein Law to:

  • Create, review, and update corporation governing documents, including Articles of Incorporation, Bylaws, Buy-Sell Agreements, shareholder and Board of Director meetings
  • Represent BTA through various real estate purchases and sales
  • Draft and review confidentiality agreements
  • Represent BTA in the negotiation of a joint venture agreement with a strategic partner
  • Advise BTA on the structure and mechanics of raising additional private equity capital through the sale of shares of BTA and the issuance of subordinated debt
  • Advise BTA on day-to-day contract issues including:
    • Custom farm agreements
    • Farm lease agreements
    • Negotiation of the termination of a land lease
    • Employee matters
  • Create and implement a succession plan, including:
  • Estate planning for the principals of BTA
  • Cross-purchase buy-sell agreements between the principals funded with life insurance with the next generation
  • Buy-sell agreements for minority shareholders
  • Buy-sell agreements for investor shareholders with put and call options and mechanisms to protect the parties
  • Represent BTA before various administrative agencies including the Indiana Utility Regulatory Commission and the Indiana Department of Environmental Management.

 

Practice Areas

Business Law and General Corporate Counseling

Estate Planning

Intellectual Property