A Haynes and Boone team represented Capitol Peak Partners in its winning joint bid with KKR to acquire Borden Dairy as a part of the milk producer’s 363 sales process to sell its assets out of bankruptcy. Haynes and Boone M&A partners Jan Sharry and Dan Malone and restructuring partner Steve Pezanosky led the Capitol Peak deal team.
Borden filed for Chapter 11 bankruptcy protection in January. A bankruptcy judge approved the 363 sale on June 26.
Denver-based Capitol Peak has a controlling stake in New Dairy Opco, the joint venture with KKR that acquired the assets from Borden Dairy.
In representing Capitol Peak, Sharry, Malone and Pezanosky were assisted by a multi-practice Haynes and Boone team, which included David Lightstone, Omar Shariff, Rachael Apfel, Jessica Berkowitz and Chris Albert (M&A); Paloma Ahmadi, Melissa Goodman and Raquel Alvarenga (Labor); Susan Wetzel, Scott Thompson and Alexis Blair (Benefits); Chris Konopka and Mary Claire Cranford (Real Estate); Mary Mendoza (Environmental); Marc Legrand (IP); Suzie Trigg and Joanna Pearce (Regulatory); Sam Lichtman and Don Shiman (Tax) and David Trausch (Restructuring).
“The Haynes and Boone team, in partnership with KKR’s counsel at King & Spalding, worked tirelessly and seamlessly to finalize the joint bid for the transaction in a very short timeframe,” Malone said. “Our client’s success is a testament to Haynes and Boone’s collaborative culture and commitment to client service.”
Haynes and Boone’s M&A practice group has experience handling middle-market deals, having helped clients close more than 500 transactions with an aggregate value exceeding $40 billion in the last five years. The firm represents private equity firms, closely held corporations, founders, financial institutions and Fortune 500 public companies.