Borden Dairy Sale: New Dairy Opco, LLC (Engles/Capitol Peak & KKR) wins bid, received Court approval June 26

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UPDATE – June 26 2020: US Bankruptcy Court, District of Delaware, Approves Sale to Capitol Peak and KKR

Engles, (Capitol Peak, Previous Dean CEO) partners with KKR & Co. for Successful Bid

Borden Dairy, and its beloved icon, Elsie, have new owners.
Early on the afternoon of June 15, 2020, New Dairy Opco, LLC, was announced as the winning bidder for Borden Dairy Company and its assets, 5 months after Chapter 11 was filed on January 5, 2020.  A notice was posted on the website filing the Borden Chapter 11 Documents for the US Bankruptcy Court of Delaware, and is included below.
A Sale Hearing has been scheduled for Thursday, June 18, 2020 by the Bankruptcy Court. A series of hearings and court activity, dictated by Rules of Federal Court, will take place in the following weeks before a sale is final.
New Dairy Opco, LLC, is an entity comprised of  KKR and Co., a US-based global investment firm, and Capitol Peak Partners, founded by Gregg Engles, a previous Dean Foods CEO.  A Declaration entered on the Court’s docket on June 20, Docket #879, lists that Colin Murphy is the secretary of New Dairy Opco, which is commonly referred to as New Dairy.
GH Acquisition, LLC, and Prairie Farms Dairy, LLC, were announced as the next highest bidders.
This is a breaking news story, and more details will emerge going forward.
This change in ownership will set a new stage for dairy co-ops and independent dairy farms selling milk to the Borden plants, and hopefully provide more certainty to farmers of markets going forward.
 

The Sale Notice as it appeared on the Court’s Docket:

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New Dairy Opco, LLC, became official as a Delaware corporation on June 1, 2020.
According to a Bloomberg report by Jeremy Hill and Isis Almeida, which doesn’t name sources, New Dairy Opco, LLC, is a joint effort of Capitol Peak Partners, headed by Gregg Engles (a previous CEO of Dean Foods), and KKR, said to be the world’s 2nd largest private equity firm.  KKR had been prominently mentioned in the Borden bidding per the filings on the court docket.
In the late stages of the Dean Foods Chapter 11 process, KKR and Borden, along with some other financial entities, offered an alternative plan to the sale of Dean Foods to Dairy Farmers of America (DFA).

The Bloomberg story in its entirety, as first published at 2:20 pm on June 15th (the story has since been updated – see link above):

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Background & Additional Resources:

General: Borden Fact Sheet – Summary: Borden has 12 plants, 91 branches, has 3,300 employees. The plants operate mostly in the southeast, somewhat in a crescent from Charleston, SC to Florida to Texas.  The Fact Sheet also lists plants in Cleveland, OH, and London, KY.

17 June 2020, 2:30 pm: KKR, Former Dean Foods CEO win bid to buy Borden Dairy Co. in Bankruptcy Court;  by Colleen Kotke for the Wisconsin State Farmer,
15 June 2020, 6:01 pm:  Capitol Peak Partners, KKR Win Bankruptcy Auction for Bordenposted at Morningstar, provided by Dow Jones
15 June 2020, 6:29 pm:  KKR, Former Dean Foods CEO win Auction for Borden Dairy Five Months After Bankruptcy Filing, by Natalie Walters for the Dallas Morning News
26 May 2020, 7:00 am: For a Second Time in Borden’s 163-year History, A Government Contract Could Propel it Through Crisis, by Natalie Walters, for the Dallas Morning News

Look for new developments as the story evolves.

 

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Beringause, Dean Foods: “It is time we stood up for the Dairy Industry, for our nation’s Dairy Farmers . . .”

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In a bold move, the largest processor and direct store distributor of fluid milk in the United States has decided to leave its membership in the International Dairy Foods Association (IDFA), due to differences of opinion with the organization on the labeling of plant-based beverages.

Announcing their decision, Dean Foods issued the following statement: 

“Dean Foods has been a strong supporter of the International dairy Foods Association (IDFA) for many years, however, we have reached a point where one of our key priorities is no longer shared by the entire IDFA organization.  More specifically, as one of the largest dairy processors in the country, we are proud of the role we play in providing one of the most nutritious products in the grocery store – milk – to consumers around the nation.  With this in mind, we believe it is wrong that many plant-based products are currently marketed using milk’s good name, yet are lacking several of the inherent nutrients of their dairy counterparts. Unfortunately, IDFA has been unable to reach consensus and take a stance on this important issue.”

“As a result, we have decided that we can no longer financially support an organization that is not behind one of our core priorities We’ll instead divert our advocacy resources to pursuing accurate product labeling for the benefit of the dairy industry, including farmers, processors, and consumers around the country. We have appreciated IDFA’s support over the years and wish the organization and its member companies the best.”

 

Eric Beringause,  Dean Foods President and CEO, stated the following:

“There are plant-based products called “milk” on grocery store shelves today that don’t include a single drop of dairy.  Even worse, consumers are being misled into believing that these imitation products are as healthy as their dairy counterparts. It is time we stood up for the dairy industry, for our nation’s dairy farmers, for the integrity of our milk products, and for the families who rely on them for adequate nutrition.

We’re exploring every potential avenue for ensuring imitation products are labeled properly, and we welcome others to join us in this effort.”

 

Beringause, who assumed the reins as CEO of Dean Foods on July 29, came with the reputation of having a record of transformation.  In an industry crying for a renewal of sales for ‘nature’s most nearly perfect beverage,’ this decision may be a step in restoring real milk’s identity and reducing consumer confusion.

This move should be well-received by thousands of dairy farmers and industry stakeholders who have been demanding proper labeling of dairy products for years, and who have been seeking a ‘big-player’ advocate with an even bigger voice.

Dean Foods, on behalf of the nation’s dairy farm families, we look forward to working with you to advance the cause of proper labeling in keeping with standards of identity.

 

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