Barragate, Brett P.

Current Employment Position(s)

Partner

Lawyer Overview

Brett Barragate has substantial experience representing financial institutions and other entities in all aspects of transactional and commercial financing-related matters, including the representation of financial institutions in connection with senior and subordinated debt facilities, the purchase and sale of financial assets, and restructuring and bankruptcy matters related to financial assets. Brett is a co-leader of the Firm's Financial Institutions Litigation & Regulation Practice.

Brett's financial institution clients include Bank of America, FGIC, Jefferies Finance, JPMorgan Chase Bank, N.A., KeyBank, MBIA, and National City Bank (now part of PNC Financial Services Group).

Brett also represents a number of private equity firms, hedge funds, and corporations in financing-related matters, including Aurora Resurgence Capital, Chrysler, Dana, Cliffs Natural Resources, Timken, Sherwin-Williams, NACCO Industries and its affiliated entities, and WL Ross & Co. and its portfolio companies.

Brett is a frequent speaker in the area of banking and finance; his most recent presentations related to such topics as DIP financings and monoline insurance.

Brett is a member of the American Bar Association and the Ohio State Bar Association, where he serves as chair of the Loan Documentation and Legal Opinion Subcommittee of the Banking, Commercial and Bankruptcy Law Committee.

Areas of Practice

• Financial Institutions Litigation & Regulation
• Banking & Finance
• Business Restructuring & Reorganization
• Mergers & Acquisitions
• Financial Regulatory Response Team
• Lending
• Restructuring-Related Lending & Finance
• Financial Transactions
• Joint Ventures & Strategic Alliances

Representative Cases

• Bearings manufacturer obtains $500 million credit facility
• Chrysler sold to Fiat-led "New Chrysler" after historic court proceedings , (2009)
• Cleveland-Cliffs issues $325 million of Notes in a private placement , (2009)
• Cliffs Natural Resources finances acquisition of Alpha Natural Resources
• Cliffs Natural Resources proposes to acquire Alpha Natural Resources for $10 billion , (2009)
• Commonwealth Bank loan facility for real estate acquisition
• Commonwealth Bank provides facility to real estate trust
• Cortec acquires Display Specialties
• Dana Corp sells trailer axle manufacturing business
• Dana Corporation successfully reorganizes in U.S. and U.K. in "Deal of the Year" , (2009)
• Dana obtains bankruptcy exit financing
• Dana securitizes receivables , (2009)
• Davidson Kempner largest bondholder in Hollinger bankruptcy
• EDS sells business unit of A.T. Kearney
• ERICO amends credit facility
• ERICO International provides financing to Essex Crane Rental
• ERICO obtains credit facility in connection with MBO
• Goodrich obtains $500 million credit facility , (2009)
• Goodrich obtains credit facility
• Information technology services provider closes credit and loan facility
• International Coal Group obtains $325 million credit facility
• International Steel Group finances acquisition of Bethlehem Steel
• Iron Ore Company of Canada completes a private placement of $243 million of Senior Secured Notes and enters into credit facility
• Iron Ore Company of Canada undergoes capital restructuring
• Jefferies acts as initial purchaser in offering by MCBC Holdings and related bank financing
• Jefferies Finance arranges loan and credit facilities for a manufacturing company , (2009)
• Jefferies Finance provides $105 million financing for software company , (2009)
• Jefferies Finance provides credit facilities to GPO and healthcare services company , (2009)
• Jefferies Finance provides credit facility to Synchronous Aerospace , (2009)
• Jefferies Finance provides credit facility to trucking company , (2009)
• Jefferies Finance provides financing for a telecommunications company , (2009)
• Jefferies Finance provides financing for acquisition of grocery chain , (2009)
• Jefferies Finance provides loan facility to CPI companies for acquisition of Wm. A. Didier & Sons , (2009)
• Jefferies provides credit facility for CPI Card Group acquisition
• KBCM Bridge provides loan facility to American Dental Partners for Metropolitan Dental Holdings acquisition
• KeyBank closes $180 million credit facility with Cedar Fair
• KeyBank closes $180 million credit facility with US Shipping
• KeyBank closes $300 million credit facility with Nordson
• KeyBank closes $650 million credit facility with Cooper
• KeyBank participates in Sauer-Danfoss credit facility
• KeyBank provides $100 million credit facility for Dayton Power & Light
• KeyBank provides $130 million credit facility to plastic compounds supplier
• KeyBank provides $130 million syndicated secured credit facility to American Dental Partners
• KeyBank provides $150 million credit facility to Dayton Power & Light
• KeyBank provides $150 million credit facility to manufacturing company
• KeyBank provides $150 million credit facility to VIASYS
• KeyBank provides $275 million credit facility to STERIS
• KeyBank provides $300 million credit facility for Crown
• KeyBank provides $300 million credit facility to PAREXEL
• KeyBank provides $330 million credit facility to industrial machine manufacturer , (2009)
• KeyBank provides $350 million credit facility for Sauer-Danfoss
• KeyBank provides $400 million credit facility to Nordson
• KeyBank provides $400 million credit facility to STERIS
• KeyBank provides $497 million loan facilities to Gibraltar entities
• KeyBank provides $700 million credit facility to Eaton
• KeyBank provides $750 million multi-credit facility for acquisition of Ocular Sciences
• KeyBank provides $95 million credit facility to valve manufacturer
• KeyBank provides credit facility and term loan for acquisition of fishing company
• KeyBank provides credit facility for CH Energy
• KeyBank provides credit facility to American Dental Partners
• KeyBank provides financing for $56 million LBO of diagnostic service company
• KeyBank provides financing for acquisition of healthcare company
• KeyBank provides financing to ICO, Bayshore Industrial, and ICO Polymers
• KeyBank provides line of credit for PE fund
• KeyBank provides line of credit to PE firm
• KeyBank provides loan facility to DPL
• KeyBank provides term loan for medical REIT
• Kirtland Capital portfolio company acquires Ox Bodies
• Kirtland Capital portfolio company acquires Rugby Manufacturing
• Kirtland obtains financing for add-on acquisition
• MBIA Insurance Corporation is creditor in subprime mortgage case
• Metaldyne completes $65 million tender offer to purchase outstanding 10% Senior Notes and 11% Senior Subordinated Notes , (2009)
• Morgan Stanley closes $650 million private placement by York Enhanced Strategies Fund , (2009)
• MTC obtains $55 million credit facility
• NACCO makes $325 unsolicited tender offer for Applica , (2009)
• National City closes $600 million amendment with OM Group
• National City provides $270 million credit facility for chemical provider
• National City provides $450 million credit facility to Abercrombie & Fitch
• National City provides $57 million credit facility to manufacturing company
• National City provides $650 million credit facility to American Greetings
• National City provides credit facility to RPM International
• National City provides financing to Bob Evans for acquisition of Mimi's Cafe
• National City provides loan to electrical component manufacturer
• North American Coal forms joint venture for mining services in South Texas project
• PNC Bank converts construction loan for Texas mall renovation , (2009)
• Sherwin-Williams obtains $650 million credit facility , (2009)
• Textile manufacturer restructures $155 million debt , (2009)
• The Timken Company finances Torrington acquisition
• Thermal management company obtains credit facility
• Timken sells Latrobe Steel , (2009)
• Williams Communications signs $375 million exit credit agreement
• WL Ross acquires loan servicing unit of American Home Mortgage , (2009)
• WL Ross obtains acquisition financing for Horizon Natural Resources
• WL Ross portfolio company obtains $200 million credit facility

West Practice Categories

Banking & Finance Law, Business & Commercial Law, Business Organizations, Business Successions, Closely Held Businesses, Commercial Banks, Commercial Leasing, Corporate Governance, Credit Unions, Debtor/Creditor, Directors' & Officers' Liability, Dissolution, Formation & Business Planning, Franchising, International Banking, Joint Ventures, Lending & Secured Transactions, Limited Liability Companies, Loan Workouts, Mergers, Acquisitions & Divestitures, Mortgages & Foreclosures, Non-profit & Tax-exempt Organizations, Partnerships, Public Finance, Reorganizations, Savings & Thrifts, Shareholders' Rights, State & Municipal Bonds & Financing, Trade Associations, Venture Capital

Bar Admissions

• Ohio
• New York

Education

• Cleveland State University
• U of Hartford

Published Works

• FDIC Changes Loss-Sharing on Failed Bank P&As, 2010
• The Credit CARD Act of 2009 – Changes Will Affect Consumers, Card Issuers, Retailers, Colleges, and Investors, 2009
• FDIC Delays the PPIP Legacy Loan Program to Focus on Public-Private Programs to Sell Assets from Failed Banks, 2009
• The Federal Reserve's Term Asset-Backed Securities Loan Facility ("TALF") Update: Legacy CMBS and Other Developments, 2009
• The Helping Families Save Their Homes Act of 2009 Significantly Changes the TARP, PPIP, and TALF Programs and FDIC Insurance, 2009
• The Federal Reserve's Term Asset-Backed Securities Loan Facility ("TALF") Update, 2009
• The Federal Reserve's Term Asset-Backed Securities Loan Facility ("TALF")—Expanding New Credit for Consumers and Businesses, 2009
• The Public-Private Investment Program, 2009
• The Supervisory Capital Assessment Program: Stress Test for U.S. Banking Organizations, 2009
• The Financial Stability Plan's Capital Assistance Program and an Update of the TARP Capital Purchase Program, 2009
• The TARP Capital Purchase Program Expands to Include Subchapter S U.S. Financial Institutions, 2009
• Bank Failures in 2008 and a Look Ahead to 2009, 2009
• The FDIC Temporary Liquidity Guarantee Program: FDIC Final Rule Makes Program More Useful But Requires Quick Decisions, 2008
• TARP Capital Purchase Program Extended to Qualifying Nonpublic Financial Institutions, 2008
• The FDIC Temporary Liquidity Guarantee Program: Opportunities to Enhance Liquidity and Funding, 2008
• Update on the TARP Capital Purchase Program: Action Due by November 14, 2008, 2008
• Federal Reserve Board Releases Interim Final Rule: Capital Treatment of TARP Preferred Stock, 2008
• Evaluating Counterparty Risk: Whom Can You Trust?, 2008
• The TARP Capital Purchase Program: Capital for U.S. Financial Institutions, 2008

Address

222 East 41st Street
New York, NY 10017-6702

Phones

1.212.326.3446 (Business Phone)

Faxes

1.212.755.7306 (Business Fax)

Emails

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Websites

http://www.jonesday.com