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Re: LoneJagFan post# 33141

Wednesday, 03/27/2019 10:32:20 AM

Wednesday, March 27, 2019 10:32:20 AM

Post# of 37346
The owner of sears.com

Based on how things have gone as a vendor to Sears.com the transition has been less than smooth. Stuff is not getting done cleanly or quickly. I suspect that updating the domain name owner is very far down the list of things to handle.

The definitive document that indicates the owner is the asset purchase agreement. Here is what was purchased, note it says the various websites and there is a document that lists them all (just can't seem find it right now)

Assets and Consideration

The Going Concern Transaction involves the sale of the following assets by the Sellers:




A go-forward retail footprint of approximately 425 retail stores under the “Sears” and “Kmart” brands (the “Retail Stores”) and certain related real estate interests and certain other owned and leased real estate interests;




Certain businesses of the Company, including, among others, businesses conducted at the Retail Stores, businesses conducted under the “Sears Auto Centers” brand, the “PartsDirect” brand, the “ServiceLive” brand, the “Sears Home Services” brand, the “Wally” brand, the “Kenmore” and “Diehard” businesses, the “Monark Premium Appliance Co.” brand, a home delivery and retail installation business, various websites, the “Shop Your Way” membership program, the “Sears Home Improvement” business , and certain contracts related to the foregoing;




All “Acquired Inventory”, all “Acquired Receivables”, all “Acquired Equipment” and all “Acquired Improvements” and the right to receive certain pending inventory;




Certain intellectual property owned by the Sellers (including certain “Collateral” assets);




Certain goodwill associated with the Business;




Certain data owned or controlled by the Sellers;




Certain claims, causes of action, claims, rights of recovery or rights of set-off held by the Sellers;




Certain prepaid taxes and certain rights to any refund, rebate or credit of taxes;




Rights to certain books and records held by the Sellers including non-disclosure or confidentiality, non-compete or non- solicitation agreements related to the Business, marketing materials and manuals;




Certain plans and permits related to the Business;




Certain security deposits held by the Sellers;




Certain insurance proceeds;




Subject to obtaining the required Bermuda Monetary Authority approval, certain notes issued by KCD IP, LLC;




All equity interests of SRC O.P. LLC owned by SRC Sparrow 2 LLC as Seller (subject to certain conditions);




Certain actions and other rights, rebates, refunds, audits, rights of recovery, rights of setoff, rights of recoupment, rights of reimbursement, rights of indemnity or contribution and other similar rights;




Certain “Credit Card Claims” arising from Seller’s involvement as a class plaintiff in the class actions consolidated in the multi-district litigation In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, No. 1:05-MD-01720 (E.D.N.Y.) against Visa Inc., Mastercard Inc., JPMorgan Chase & Co, Citigroup N.A., Bank of America N.A., and other defendants, and any proceeds or settlement proceeds thereof;




Certain assets as described in the SHIP Purchase Agreement;




Cash held at the Retail Stores in an amount not to exceed $17,000,000;


To the extent permitted by law, all licenses or permits issued by governmental authorities; and




Any proceeds from the sale or other disposition of the collateral pledged to secure the applicable debt obligations with respect to certain credit bids.



Link to the full agreement is here

https://ih.advfn.com/stock-market/USOTC/sears-holdings-corp-SHLDQ/stock-news/79117128/current-report-filing-8-k

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