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, 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
• Financial Transactions
• Banking & Finance
• Lending
• Business Restructuring & Reorganization
• Restructuring-Related Lending & Finance
• Mergers & Acquisitions
• Joint Ventures & Strategic Alliances

Representative Cases

• $234 million Senior Secured Notes in Section 4(2) private placement offering
• Acquisition Financing
• Acquisition Financing
• Acquisition Financing for Assets of Bethlehem Steel Corporation
• Acquisition Financing for Mimi's Café, Inc.
• Acquisition Financing for Torrington
• Acquisition of Alpha Natural Resources, Inc , (2008)
• Add-on
• American Business Financial Services Chapter 11 Case
• Bridge Term Loan Facility for American Dental Partners
• Buyout
• Capital Restructuring
• Chapter 11 Representation
• Conversion of Loan
• Credit Facility
• Credit Facility
• Credit Facility
• Credit Facility
• Credit Facility
• Credit Facility
• Credit Facility
• Credit Facility
• Credit Facility
• Credit Facility for American Dental Partners, Inc.
• Credit Facility for American Greetings Corporation
• Credit Facility for Cedar Fair, L.P.
• Credit Facility for CH Energy Group, Inc.
• Credit Facility for Crown Equipment Corporation
• Credit Facility for Eaton Corporation
• Credit Facility for Nordson Corporation
• Credit Facility for OM Group
• Credit Facility for RPM International, Inc.
• Credit Facility for Sauer-Danfoss
• Credit Facility for Sauer-Danfoss Inc.
• Credit Facility for STERIS Corporation
• Credit Facility for The Cooper Companies, Inc.
• Credit Facility for The Cooper Companies, Inc.
• Credit Facility for The Dayton Power & Light Company
• Credit Facility for The Dayton Power & Light Company
• Essex Crane Rental Corporation
• Exit Financing
• First and Second Lien Term Loan and Revolving Credit Facility for a Software Company
• First Lien Secured Credit Facility for a Leading Provider of Specialty Chemicals
• Hollinger, Inc.
• Letter of Credit Facility
• Line of Credit
• Line of Credit
• Loan Facility for DPL, Inc.
• MBO of A.T. Kearney consulting business
• Multicurrency Credit Facility and Term Loan
• Offer for American Home Mortgage
• Our integrated practice addresses financial institutions' short- and long-term priorities.
• Private Placement
• Private Placement of Senior Notes
• Private Placement of Senior Secured Notes and Concurrent Secured Revolving Credit Facility
• Revolving and Term Loan Facility for Gibraltar Industries, Inc. and Gibraltar Steel Corporation of New York
• Revolving Credit and Credit Facility
• Revolving Credit and Term Loan Facility
• Revolving Credit Facility
• Revolving Credit Facility
• Revolving Credit Facility
• Revolving Credit Facility
• Revolving Credit Facility
• Revolving Credit Facility
• Revolving Credit Facility and Term Loan Facility
• Revolving Credit Facility for Abercrombie & Fitch
• Revolving Credit Facility for Cooper Companies, Inc.
• Revolving Credit Facility for Nordson Corporation
• Revolving Credit Facility for Synchronous Aerospace Group, Inc.
• Rule 144A and Regulation S Senior Secured Floating Rate Notes Offering
• Sale of Latrobe Steel
• Sale of Trailer Axle Manufacturing Business
• Secured Credit Facility for ICO, Inc., Bayshore Industrial, L.P. and ICO Polymers North America, Inc.
• Secured Revolving Credit Facility
• Secured Term Loan and Revolving Credit Facility
• Secured Term Loan and Revolving Credit Facility for a Trucking Company
• Secured Term Loan Facility and Revolving Credit Facility for a Group Purchasing Organization
• Secured Term Loan Facility and Revolving Credit Facility for a Steel and Fiberglass Company
• Secured Term Loan Facility for CPI
• Securitization
• Senior Credit Facility for Tricor Pacific Capital
• Senior Secured Credit Facility
• Senior Secured Credit Facility
• Senior Secured Credit Facility
• Senior Secured Loan
• Senior Secured Revolving Credit Facility for a Healthcare Imaging Center
• Tender Offer , (2008)
• Term Loan
• Term Loan Facility
• Term Loan Facility
• Unsecured Revolving Credit Facility
• Unsecured Revolving Credit Facility
• Unsolicited tender offer for Applica

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

• New York, Third Department
• Ohio

Education

• Cleveland State University

Published Works

• The Federal Reserve's Term Asset-Backed Securities Loan Facility ("TALF") Update, 2009
• The Public-Private Investment Program, 2009
• The Federal Reserve's Term Asset-Backed Securities Loan Facility ("TALF")—Expanding New Credit for Consumers and Businesses, 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

Contact Us (Business Email)

Websites

http://www.jonesday.com