Practices

Agriculture and Food Production

Description

 

Ukraine is the world leader in agriculture and it attracts numerous domestic and foreign businesses. However, the peculiarities of the Ukrainian legislation can intervene in an otherwise successful endeavor. Nobles attorneys are highly qualified to tackle the legal challenges of the domestic and cross-border transactions in the agriculture sector. Our legal team consults machinery and food producers, equipment vendors and suppliers, private equity investors, as well as borrowers and lenders. Our attorneys give comprehensive advice on various antitrust, corporate, debt and equity issues. Nobles acts for businesses of all sizes in various aspects of their operations, guiding them through the acquisition of businesses in Ukraine, joint ventures and sales of investments and providing legal support in the business day-to-day operations.

Our services

 

  • Establishing of business facilities

  • Project auditing

  • Trade control

  • Land leases, insurance and property contracts

  • Legal due diligence

  • Intellectual property matters

  • Employment matters

  • Business restructuring

  • M&A transactions

  • Regulatory procedures

  • Dispute resolution

  • Corporate governance

  • Competition compliance

  • IT, outsourcing and data privacy

  • Tax

Notable Experience

  • Advising an international food production company on the dissolution of a distributorship agreement with its Ukrainian distributor and on recovery of debts from the distributor

  • Advising Kyäni, a US-based marketing company that produces various juice products, in setting up its multilevel marketing sales and remuneration system in Ukraine 

  • Advising BUNGE, a global agribusiness and food company, in a successful acquisition of Vygoda elevator in Odessa region and potential acquisition of Unirem elevator in Dnipropetrovsk region

  • Advising Solnechnye produkty, a major Russian vertically integrated agribusiness group, on a potential acquisition of oil extraction plants in Odessa and Illichevsk

  • Advising Arta Investment Partners, a major Ukrainian investment bank, on a potential minority investment in agribusiness in Kiev region

  • Advising a German family office in acquisition of a biologically oriented agricultural company with approx. 2,300 ha of leased agricultural land in the Chernigiv region

  • Advising a Bavarian private investor on the acquisition of an agricultural enterprise with approx. 4,200 ha of leased agricultural land in the Kiev region from a multisectoral Ukrainian corporate group

  • Advising Export-Import Bank of the United States (as guarantor) and Private Export Funding Corporation (PEFCO) (as lender) in connection with two export financing credits amounting up to US$80.8 million granted to one of the largest Ukrainian agricultural companies Public Joint Stock Company “Rise”

  • Representing Export-Import Bank of the United States (as guarantor) in connection with approximately US$25.8 million secured loan provided by Citibank, N.A. to Ukrainian major producer and exporter of iron ore pellets Ferrexpo Poltava Mining (Poltava GOK)

  • Advising Amsterdam Trade Bank N.V. in relation to series of secured loan facilities for a total value of US$60.5 million granted to an international agro-industrial corporation having assets in Ukraine

  • Acting for Atrafin LLC, dba American Trade & Finance Co., on approximately US$8.3 million secured financing provided to Ukrainian agricultural company Public Joint Stock Company “Sharivske”

  • Advising Wendeln in structuring of sale of vertically integrated agricultural production complex in Cherson region on behalf of a German family office, which is present in Ukraine since 1995

  • Advising on corporate restructuring of German agricultural machinery producer in Ukraine

  • Local counsel to the US group Platform Specialty Products Corporation for the Ukrainian aspects of the acquisition of the agro-chemical division of Chemtura Corporation for a total consideration of $1 billion

  • Advised Claas, a world-renowned German producer and supplier of agricultural machines, on competition matters related to vertical agreements with Ukrainian distributors

  • Advising a major food producer Nutritek on a successful sale of a Ukrainian agricultural company (with over 3500 ha leased agricultural land plots in Poltava region) to Astarta-Kiev, a Ukrainian vertically-integrated agribusiness company, including vendor due diligence, negotiations of the sale and purchase agreements and other documents under English and Ukrainian laws and facilitating the closing of the deal

  • Advising a major Russian agricultural business and food producer EFKO Group, an English law-based joint venture on a major grain terminal construction, as well as on a subsequent $300 mln sale of this constructed grain terminal in Taman to Glencore and Kernel

  • Advising EFKO Group on a potential $2 bln IPO on the London Stock Exchange, including negotiating the engagement letters of global investment banks and their legal counsels, due diligence of the group, pre-IPO corporate restructuring with most documents under English and Cypriot laws, etc.

  • Advising a major German agricultural machinery producer on a number of real estate and land issues, including lease of premises and potential joint venture for show room facilities

  • Providing legal advice to a Masco Corp. on IP related issues

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© 2020 by Nobles. 

Nobles is a full-service corporate law firm that advises public and private companies, banks, financial institutions, private equity firms, funds, investment banks, government entities and private high-net individuals in multiple industrial sectors and practice areas of Ukrainian and international business law. The firm's main practice areas are antitrust & merger control, banking & finance, corporatedistribution and franchising, mergers & acquisitions, employment, insolvency and restructuring, intellectual property, litigation & dispute resolution, real estate & land lawtax.