Rod Kubat is a shareholder in our Business, Finance, and Real Estate Department. Rod routinely represents clients from a wide range of industries and services in business practice, including business formations, shareholder/owner agreements, contracts and agreements, mergers and acquisitions, sales and purchase of equity interests (including stock, limited liability company units, and partnership interests), asset purchase and sale transactions, ESOP acquisitions and sales transactions, share exchanges, personal property leasing, asset securitization, and financing of all kinds. Rod also has over 20 years of experience representing clients in all aspects of bankruptcy and creditors rights issues, including complex commercial business reorganizations, agricultural insolvencies and small business cases. Rod has served regularly on councils of the Business Law Section and the Commercial and Bankruptcy Law Section of the Iowa State Bar Association. He is a graduate of the Leadership Iowa Program 2001 and Greater Des Moines Leadership Institute. Rod is a member of the firm's Executive Committee and a past Administrator of the Business, Finance, and Real Estate Department. Significant Transactions $143,000,000 §363 Bankruptcy credit bid sale and purchase of real estate assets from Chapter 11 debtor-in-possession (Mortgage lender's counsel) $36,250,000 §363 Bankruptcy sale and purchase of biodiesel facility from Chapter 11 debtor-in-possession (Purchaser's counsel) $110,000,000 sale of all shares of Burke Marketing Corporation to Hormel Foods Corporation. (Majority shareholder's counsel). Pharmacy holding company reorganization and acquisition involving multiple locations and franchises. Advised transportation and warehousing company on pre-petition claims payments and post-petition performance issues in large Delaware Chapter 11 reorganization case. Advised large international vendor on critical vendor reclamation and post-petition contract terms in major auto parts company Chapter 11 reorganization in Delaware. $52,000,000 asset securitization transaction for national equipment leasing company. (Company counsel). $50,000,000 commercial paper conduit securitization transaction for national equipment leasing company. (Company counsel). $35,000,000 asset purchase transaction for auto industry accessory manufacturing company. (Buyer's co-counsel). $34,600,000 asset sale transaction for national equipment leasing company. (Seller's counsel). $30,000,000 combined asset acquisition and stock acquisition of two national manufacturing companies by national manufacturing company client. (Buyer's counsel). $30,000,000 combined asset sale transaction with earnout component for a regional service company. (Seller's counsel). Advised real estate lending institution in single asset Chapter 11 reorganization case, including seeking appointment of trustee, conversion to operating Chapter 7 case, Section 363 sales and auctions and post-petition financing. $30,000,000 credit facilities (revolving and term) to national equipment leasing company. (Borrower's counsel). $28,000,000 credit facilities (revolving and term) to national manufacturing company. (Borrower's counsel). $16,900,000 credit facilities (including ESOP financing) to regional service company. (Lender's counsel). $15,000,000 asset sale transaction for construction company client. (Seller's counsel). Advised agricultural lending institutions in numerous agricultural reorganizations involving broad range of farming operations (dairy cattle, hogs, poultry, row crops and others), including seeking adequate protection for use of collateral and cash collateral, post-petition financing, negotiation of plan terms, contested hearings on plan confirmation and post-confirmation of plan enforcement after default. Speeches & Publications Bankruptcy Code §363 Credit Bids, Iowa Chapter, Federal Bar Association 29th Annual Bankruptcy Conference (October, 2010). Director and Officer Fiduciary Duties: Impact of Insolvency Update, Iowa State Bar Association Commercial & Bankruptcy Law Seminar (May, 2010). Business Entities: Does the Glove Fit, EntreFest! 2009 (March 2009). A Firm Foundation, Choosing the Legal Structure that Fits Your Business, Renew Rural Iowa Seminar (2008). Special Shareholder Concerns in The Closely Held Corporation, Business Law Manual, Iowa State Bar Association (2005) (Co-Author). Insolvent Corporations: Director and Officer Fiduciary Duties to Creditors, Business Law Seminar, University of Iowa School of Law (November 2004). Recent Amendments to the Iowa Business Corporation Act, American Corporate Counsel Association, Iowa Chapter (November 2002) (Co-Author and Speaker). Amendments to the Iowa Business Corporation Act, Iowa State Bar Association Traveling Seminar (Fall 2002) (Panel Member). Structure of the Acquisition of a Business In Iowa: Asset Acquisitions-Selected Issues, Covenant Not to Compete and Goodwill, National Business Institute (April 2002) (Author and Speaker). E-Commerce: Legal Issues of Internet Business (2000) (Co-Author and Speaker). Special Recognition The Best Lawyers in America, 2005-2012 Chambers USA, 2009-2011 Martindale-Hubbell Rating AV® Preeminent Associations & Affiliations American Bar Association
Business Law Section
International Law Section Iowa State Bar Association
Council, Commercial and Bankruptcy Law Section, 2009-present
Council, Business Law Section, 2004-2007
For Profit Corporation Committee, 2004-2007
UCC Committee, 2004-2007
Limited Liability Company Committee, 2006-2007 Polk County Bar Association Kansas Bar Association Listed in Best Lawyers ® The World's Premier Guide |