John O'Brien

Representative Transactions

• Represented the lender in connection with documenting a $63,300,000 loan secured by farm assets.
• Represented the lender in connection with documenting a $26,000,000 loan secured by ranches in three states and livestock.
• Represented the lender in connection with documenting a $13,750,000 loan secured by farm land and agricultural products.
• Represented the lender in connection with documenting a $27,750,000 construction loan secured by a branded hotel property.
• Represented the lender in connection with documenting a $21,372,000 loan secured by a dairy facility and livestock.
• Represented the lender in connection with $6,217,500 loan secured by commercial office building.
• Represented the lender in connection with documenting a $7,900,000 loan secured by a multifamily housing facility.
• Represented the lender in connection with documenting a $33,000,000 loan secured by feeder cattle.
• Represented the lender in connection with documenting a $37,800,000 loan secured by commercial office buildings.
• Represented the lender in connection with documenting a $35,000,000 line of credit loan secured by feeder cattle.
• Represented the lender in connection with $19,672,000 dairy facility and livestock loan.
• Represented the lender in connection with $29,300,000 loan to acquire multi-family housing project.
• Represented the lender in connection with refinancing of $11,500,000 line of credit secured by livestock.
• Represented a financial institution in connection with lease and purchase option of a building.
• Represented a cooperative in connection with $182,500,000 loan secured by agricultural commodities and facilities.
• Represented the lender in connection with $19,000,000 loan secured by a dairy facility and livestock.
• Represented the seller in connection with the sale of a commercial feedlot, related farm land, equipment, and livestock.
• Represented a lender in connection with $25,000,000 livestock facility loan.
• Represented the lender in connection with a $25,800,000 line of credit to a medical company.
• Represented the lender-lessor in connection with a loan to school district to acquire school busses.
• Represented the lender-lessor in connection with real estate loan to municipality to construct a library.
• Represented the lender-lessor in connection to with a loan to a Fire District to acquire fire engines and related equipment.
• Represented the lender-lessor in connection with a loan to a university to construct a laboratory building.
• Represented the lender in connection with documenting a $25,000,000 loan secured by livestock inventory.
• Represented a lender in connection with $25,500,000 loan to a private equity fund to complete a business acquisition.
• Represented a lender in connection with the sale of a bank-owned swine facility.
• Represented a lead lender in connection with a $19,325,000 participated loan secured by a dairy facility, livestock and feed.
• Represented a lender in connection with a $16,960,000 construction loan secured by a multifamily apartment complex.
• Represented a lender in connection with $19,077,000 dairy financing.
• Represented the seller in connection with $20,000,000 sale of 300,000 deeded, BLM and Forest Service acres in three counties in Nevada.
• Represented the purchaser in connection with $21,000,000 feedlot and farmland purchase in Nebraska.
• Represented a lender in connection with $14,000,000 swine facility loan in Wyoming.
• Represented a lender in connection with $22,000,000 swine facility loan in Colorado.
• Represented a lender in connection with $4,400,000 swine facility loan in Nebraska.
• Represented a lender in connection with $12,900,000 swine facility loan in Minnesota and Nebraska.
• Represented an issuer of Letter of Credit in connection with $10,000,000 agricultural development bonds for a swine production facility in Colorado.
• Represented the seller in connection with $7,500,000 sale of Nebraska ranch.
• Represented lender in connection with $16,500,000 poultry financing in Utah.
• Represented dairy partnership in connection with reconstitution of partnership.
• Represented lender in connection with $18,180,000 swine facility loan in Colorado.
• Represented lender in connection with $6,700,000 hi tech company financing.
• Represented issuer of $12,000,000 letter of credit securitizing agricultural development revenue bonds.
• Represented the lender in connection with $8,000,000 office building financing in Boulder County, Colorado.
• Represented the lender in connection with $11,835,000 swine facility loan.
• Represented the lender in connection with $3,900,000 public grain warehouse loan.
• Represented the lender in connection with $20,123,000 livestock production facility loan in Colorado.
• Represented the lender in connection with $8,500,000 office building in City and County of Denver.
• Represented the lender in connection with $10,000,000 swine facility loan in Colorado and South Dakota.
• Represented the lender in connection with $12,500,000 swine facility loan in Colorado and South Dakota.
• Represented the lender in connection with $9,000,000 swine facility loan in Colorado.
• Represented the lender in connection with making $11,000,000 residential real estate development.
• Represented the lender in connection with the construction financing of a public library in Colorado.
• Represented the seller of a livestock service company to a publicly held purchaser.
• Represented the purchaser in connection with the purchase of farm service company in Georgia.
• Represented the purchaser in connection with the purchase of farm service company in California.
• Represented the purchaser in connection with the purchase of farm service company in Florida.
• Represented the financial institution in connection with the purchase of a Kansas bank.
• Represented the lender in connection with $4,000,000 line of credit secured by motor vehicles.
• Served as due diligence counsel for buyer in connection with $800,000,000 purchase of a beef packer.
• Represented the seller in connection with a $42,000,000 livestock supply contract.
• Represented the purchaser in connection with the purchase of a poultry supply business located in numerous states in the southeastern U.S. and Caribbean Islands.
• Represented the lender in connection with the sale of $11,000,000 loan secured by a real estate development.
• Served as Chairman of Official Unsecured Creditors Committee in a livestock production facility Chapter 11 in Nebraska.
• Represented the lender in connection with $23,000,000 public grain elevator revolving line of credit in Colorado.
• Represented the lender in connection with $17,000,000 livestock production facility loan in Colorado.
• Represented the lender in connection with the sale of a $6,000,000 real estate development loan.
• Represented the lender in connection with a $30,000,000 loan to a grocery store chain with stores in six states.
• Represented the lender in connection with $20,000,000 loan secured by a private university dormitory.
• Represented the lender in connection with the lease purchase of a fire engine and firefighting equipment to a Colorado municipality.
• Represented the lender in connection with $14,000,000 loan to a Colorado and Wyoming dairy.
• Represented the lender in connection with the foreclosure of a two-state grocery store chain.
• Represented the lender in connection with $8,000,000 line of credit to a multi-location farm implement dealership.
• Represented the lender in connection with line of credit and facility lending on a grain handling and export facility in Missouri.
• Represented the lender in connection with $8,000,000 dairy loan in Utah.
• Represented livestock producers in connection with CFTC investigation.
• Represented the lender in connection with defense of preference avoidance action concerning a livestock line of credit.
• Represented numerous lenders in connection with numerous lines of credit transactions secured by livestock in over 20 states.
• Represented numerous sellers in connection with numerous transactions involving the sales of shares in privately owned financial institutions.
• Represented numerous lessors in connection with numerous lease transactions involving farms, livestock production facilities, and commercial properties.
• Represented numerous sellers in connection with numerous transactions involving the sales of shares in privately owned farm and livestock businesses.
• Represented numerous shareholders in connection with the sales or reorganizations of farm and livestock entity reorganizations and reconstitutions.
• Represented the lead lenders in connection with numerous dairy, swine, beef cattle, and farm financings in Colorado, Texas, Nebraska, Idaho, Iowa, Kansas, Utah, California, Wyoming, Ohio, Indiana, and Arizona.
• Represented the lenders in numerous commercial and agricultural foreclosures of office buildings, industrial developments, golf courses, recreational facilities, farms, ranches, dairies, and livestock production facilities in numerous states.
• Represented numerous lessors in connection with numerous lease-purchase transactions of livestock production facilities.
• Represented numerous lenders in connection with the sales of over 100 foreclosed commercial, farm, ranch, and livestock production facility properties.
• Represented numerous financial institutions in connection with numerous fraud investigations and fidelity claims.
• Represented numerous lenders in connection with numerous Chapter 11, Chapter 12, and Chapter 7 cases in numerous states.
• Represented the lenders in connection with over 100 commercial foreclosures and receiverships in all regions of the U.S.
• Represented the lead lender in connection with documenting a $12,800,000 participated loan secured by farm land.
• Represented the lender in connection with documenting a $16,600,000 loan secured by farm land.
• Represented the lender in connection with documenting a $21,000,000 working capital revolving line of credit secured by inventory and accounts.
• Represented the lender in connection with documenting a $17,000,000 dairy facility loan.

Representative Cases

• Oyens Feed & Supply, Inc. v Primebank, 879 N.W.2d 853, Iowa 2016
• In re Crooked Creek Corp.; Crooked Creek Corp. v. Primebank, 427 B.R. 500, Bankr. N.D. IA. 2010
• In the Matter of Damrow Cattle Company, Inc.; Stumpf v. Double S. Land & Cattle Co., LLC and the First National Bank of Omaha, 2008 Bankr. LEXIS 1243; 65 U.C.C. Rep. Serv. 2d (Challaghan) 497
• Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture, 415 F.3d 1078, 9th Cir. 2005
• In re Big Mac Marine; Needler v. Rendlen, 326 B.R. 150, B.A.P. 8th Cir. 2005
• Commodity Futures Trading Commission v. Delay, 2005 U.S. Dist. LEXIS 25280
• Big Mac Marine, Inc. v. Jensen, 305 B.R. 309, D. Neb. 2004
• In the Matter of Damrow Cattle Co., Inc.; Skane, Inc. v. First National Bank of Omaha, 300 B.R. 479, Bankr. D. Neb. 2003
• Cooperative Finance Association v. B&J Cattle Company, 937 P.2d 915, Colo. App. 1997
• Spencer Investments, Inc. v. Bohn, 923 P.2d 140, Colo. App. 1995
• In re Harris, 166 B.R. 163, Bkrcy. D. Colo. 1994
• In re Kaiser Steel, 87 B.R. 662, Bkrcy. D. Colo. 1988
• In re Clark, 82 B.R. 131, Bkrcy. D. Colo. 1987

• National Western Stock Show Association
• Silver Spur Club
• Badin Guild

• Denver Business Journal, Who’s Who In Agriculture, 2023
• 5280 Magazine, Top Lawyers in Denver, 2016, 2018
• People’s Choice Award, Best Agricultural Lawyer in Colorado, 2015
• Barristers Best Award, Best Agricultural Lawyer in Colorado, 2015-2016
• Colorado Super Lawyers, Banking, 2014-2017
• Outstanding Lawyers of America Society, Outstanding Lawyers in America, 2002
• Martindale-Hubbell, AV-Preeminent

• Thirteenth Judicial Circuit Bar Association
• Colorado Bar Association, Agriculture Section
• American Bar Association

• “Ag Leases:  What Real Estate Lawyers Need To Know About Farm, Ranch And Livestock Facility Leases,” 38th Annual Real Estate Symposium, Colorado Bar Association Real Estate Section, July 2020
• “Front-End Pitfalls And Perils: What Ag Lending Attorneys Need To Know,” Missouri Bar And Judicial Conference Annual Meeting, September 2019
• “Pitfalls And Traps For Secured Lenders,” Kansas Bar Association Continuing Legal Education, April 2018
• “Ag Lending: Transaction And Litigation Issues,” Colorado Bar Association Financial Institution Subsection, March 2018
• “Organic Farming Business Law,” National Business Institute, October 2016
• “Certified And Natural Cattle Contracts,” National Business Institute, October 2016
• “AgriFinance Pitfalls And Traps: What The Lender Wanted To Know Before Closing The Loan,” Colorado Bar Association Business Law Institute, September 2016
• “Understanding the Workings of the Current Market,” National Business Institute, June 2016
• “Handling Lien Issues in Livestock Transactions: Tips from a Top Agricultural Attorney,” National Business Institute, June 2016
• “Livestock Producer and Grower Contracts,” National Business Institute, June 2016
• “Stock and Fencing Law, Trespass and Liability Issues,” National Business Institute, June 2016
• “Cattle Law: What The Lender Needs To Know?,” Colorado Bankers Association, November 2015
• “Ag Lending: Top 10 Mistakes,” Colorado Bankers Association, November 2015
• “Grain Production Contracts 101,” National Business Institute, July 2015
• “Cattle Law: Drafting and Negotiating Cattle Industry Contracts,” National Business Institute, November 2014
• “Oh the smell! Zoning battle rages over farm odors,“ CNBC, May 9, 2014
• “Farm bill: Bring on the hemp and sushi rice!,” CNBC, March 13, 2014
• “Revised Article 9: What Lenders Need to Know,” Lorman Education Services, 2005
• “Revised Article 9 Secured Transactions: What Colorado Lenders and Practitioners Need to Know,” National Business Institute, 2005
• “Revised Article 9 Filing and Perfection Rules: What the Lender Needs to Know,” National Business Institute, 2004
• “Structuring the Commercial Loan: What the Lender Needs to Know,” National Business Institute, 2003
• “Loan Documentation,” Lorman Education Services, 2003
• “Current Issues in Lender Liability,” Robert Morris Associates, 1998
• “Dealing Commodities in a Fluctuating Market: Observations from an Ag Lender’s Attorney,” Colorado Feed and Grain Association, 1996
• “Colorado’s New Central Indexing System: Observations from a Bank Attorney,” Colorado Secretary of State Lenders Training Seminar, 1996
• “Current Issues in Lender Liability,” Bank Administration Institute, 1989
• “Manual for the Conduct of Boards of Directors in Inevitable Corporate Takeover Situations,” 1988
• “Lender Liability Prevention and Cures,” Colorado Bankers Association, 1988
• “Business Organizations,” Law Seminar, Inc., 1987
• “A Bank’s Right to a Security Interest in Deposit Accounts,” 2 Legalities No. 4, 1987
• “The Sale of Business Doctrine: Landreth Adds New Life to the Anti-Fraud Provisions of the Securities Acts,” Vermont Law Review, 1986

Speaking Engagements

• Numerous bank loan documentation training seminars to mid-level and senior level loan officers
• “Front-End Pitfalls And Perils: What Ag Lending Attorneys Need To Know,” Missouri Bar And Judicial Conference Annual Meeting, September 2019
• “AgriFinance Pitfalls And Traps: What The Lender Wanted to Know Before Closing The Loan,” Colorado Bar Association Business Law Institute, September 2016
• “Livestock Law: New Regulations, Contracts, Liens, The P&S Act and More,” National Business Institute, June 2016
• “Ag Lending: Top 10 Lender Mistakes,” Presenter, Colorado Bankers Association, November 2015
• “Cattle Law: Drafting and Negotiating Cattle Industry Contracts,” National Business Institute, November 2014
• “The Farm Bill’s Effect On The Livestock Industry: What You Need To Know,” National Business Institute, November 2014
• “Top 5 Traps – What Ag Lenders Need to Know,” Agri-Access Lenders Conference, Des Moines, Iowa