Notice is hereby given by ASSEMBLED BRANDS CAPITAL FUNDING LLC (the “Secured Party”), that pursuant to Section 9-610 of the Uniform Commercial Code, a secured party public sale to the highest and/or best bidder for cash, with reserve, will be conducted by the Secured Party on Monday, December 23, 2019 at 11:00 a.m. Eastern Standard Time (the “Public Sale”). The Public Sale shall be held at the offices of Cohen Tauber Spievack & Wagner P.C., 420 Lexington Avenue, Suite 2400, New York, NY 10170 and also telephonically, and “qualified bidders” may either attend the Public Sale in person or telephonically.
The Secured Party has a first priority perfected lien and security interest in and to all of the personal property assets of MADE MODERN, LLC, a Texas limited liability company (the “Borrower”).
The Secured Party is conducting the Public Sale to foreclose the lien and security interest held by the Secured Party in and to Borrower’s personal property assets, including, inventory, accounts, fixtures, furniture, equipment, trademarks and general intangibles (collectively, the “Collateral”). At the Public Sale, all of Borrower’s right, title and interest in and to the Collateral will be sold “as is” and “where is” and the Secured Party shall make no representation or warranty, either express or implied, relating to title, use, quiet enjoyment, possession, merchantability or fitness for a particular purpose, completeness, condition or the like, all of which are hereby disclaimed, in the sale of the Collateral. In addition, the Collateral is being sold without recourse to Secured Party, its attorneys and representatives.
At the conclusion of the Public Sale, the successful bidder(s) must pay the final bid amount in full by a wire transfer of funds to the Secured Party. The Secured Party reserves the right to credit bid any amount of the indebtedness due by Borrower at the Public Sale. The Secured Party reserves the right to reject bids, adjourn, continue or cancel the Public Sale without further notice. Secured Party reserves the right to establish other reasonable bidding procedures and to require potential bidders to reasonably demonstrate their ability to perform and close on the acquisition of the Collateral to the satisfaction of the Secured Party.
Any parties interested in further information regarding the Collateral, becoming a “qualified bidder”, and/or the terms of the Public Sale should contact Cohen Tauber Spievack & Wagner P.C., 420 Lexington Avenue, Suite 2400, New York, NY 10170 Attn: Robert A. Boghosian, Esq., or by email at firstname.lastname@example.org or by telephone at (212) 381-8726.