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Replies to post #58543 on Hong Yuan Holding Group (HGYN)
01/28/14 3:42 PM
BIOPLASTICS - COMPOSTABLES RESINS -
INVENTORY - EQUIPMENT - FIXTURES - IP -
INTANGIBLES - CONTRACTS
Feb 11, 2014, 11:00 AM EDT
800 Boylston St, Boston, MA
Secured Party Sale @ Public Auction Re:
Cereplast, Inc., & Algaeplast, Inc.
To Be Offered In One Lot Only!
Held at The Offices Of Ropes & Gray LLP, Prudential
Tower, 800 Boylston St., Boston, MA.
Horizon Technology Finance Corporation (as
successor to Compass Horizon Funding Company LLC
and Horizon Credit I LLC) (the "Lender") will sell to
the highest qualified bidder at public auction all of
Debtor's right, title and interest in the following
assets, held by Debtor as of the time of the public
auction (collectively, the "Assets"):
1. All goods (and embedded computer programs and
supporting information included within the definition
of "goods" under the Code) and equipment now
owned or hereafter acquired, including, without
limitation, all laboratory equipment, computer
equipment, office equipment, machinery, fixtures,
vehicles (including motor vehicles and trailers), and
any interest in any of the foregoing, and all
attachments, accessories, accessions, replacements,
substitutions, additions, and improvements to any of
the foregoing, wherever located;
2. All inventory now owned or hereafter acquired,
including, without limitation, all merchandise, raw
materials, parts, supplies, packing and shipping
materials, work in process and finished products
including such inventory as is temporarily out of
Debtor's custody or possession or in transit and
including any returns upon any accounts or other
proceeds, including insurance proceeds, resulting
from the sale or disposition of any of the foregoing
and any documents of title representing any of the
above, and Debtor's books relating to any of the
foregoing;
3. All contract rights and general intangibles
(including Intellectual Property) now owned or
hereafter acquired, including, without limitation,
goodwill, license agreements, franchise agreements,
blueprints, drawings, purchase orders, customer
lists, route lists, infringements, claims, software,
computer programs, computer disks, computer
tapes, literature, reports, catalogs, design rights,
income tax refunds, payment intangibles,
commercial tort claims, payments of insurance and
rights to payment of any kind;
4. All now existing and hereafter arising accounts,
contract rights, royalties, license rights, license fees
and all other forms of obligations owing to Debtor
arising out of the sale or lease of goods, the licensing
of technology or the rendering of services by Debtor
(subject, in each case, to the contractual rights of
third parties to require funds received by Debtor to
be expended in a particular manner), whether or not
earned by performance, and any and all credit
insurance, guaranties, and other security therefor, as
well as all merchandise returned to or reclaimed by
Debtor and Debtor's books relating to any of the
foregoing;
5. All documents, cash, deposit accounts, letters of
credit (whether or not the letter of credit is evidenced
by a writing), certificates of deposit, instruments,
promissory notes, chattel paper (whether tangible or
electronic) and investment property, including,
without limitation, all securities, whether certificated
or uncertificated, security entitlements, securities
accounts, commodity contracts and commodity
accounts, and all financial assets held in any
securities account or otherwise, wherever located,
now owned or hereafter acquired and Debtor's books
relating to the foregoing; and
6. Any and all claims, rights and interests in any of
the above and all substitutions for, additions and
accessions to and proceeds thereof; including,
without limitation, insurance, condemnation,
requisition or similar payments and proceeds of the
sale or licensing of Intellectual Property.
"Intellectual Property" means all of Debtor's right,
title and interest in and to patents, patent rights
(and applications and registrations therefor and
divisions, continuations, renewals, reissues,
extensions and continuations-in-part of the same),
trademarks and service marks (and applications and
registrations therefor and the goodwill associated
therewith), inventions, copyrights (including
applications and registrations therefor and like
protections in each work or authorship and derivative
work thereof), mask works (and applications and
registrations therefor), trade names, trade styles,
software and computer programs, source code,
object code, trade secrets, methods, processes, know
how, drawings, specifications, descriptions, and all
memoranda, notes, and records with respect to any
research and development, all whether now owned or
subsequently acquired or developed by Debtor and
whether in tangible or intangible form or contained
on magnetic media readable by machine together
with all such magnetic media (but not including
embedded computer programs and supporting
information included within the definition of "goods"
under the Code). For further details and information,
interested bidders should contact James Wilton,
attorney for the Lender, at Ropes & Gray LLP,
Prudential Tower, 800 Boylston Street, Boston, MA
02199, (617) 951-7000.
The sale of the Assets is "AS IS, WHERE IS" without
representation or warranty of any kind. Lender makes
no, and disclaims any, representation or warranty
with respect to the assets, including, without
limitation, any warranty of merchantability or fitness
for a particular purpose. There is no warranty relating
to title, possession, quiet enjoyment, or the like in
this disposition. Without limiting the generality of
the foregoing, Lender makes no representation or
warranty, express or implied, as to the validity or
utility of the assets, the status of any issued patents
or registered trademarks or any applications for
patents or trademarks, whether transfer
documentation executed by Lender and the highest
qualified bidder is sufficient to transfer title to
intellectual property registered in foreign
jurisdictions, whether the intellectual property or any
use thereof infringes on the rights of others, whether
any intent-to-use trademark applications are
assignable, or whether any license agreements and
other contracts are assignable. Further, there is no
warranty as to the existence, location or condition of
any tangible assets.
Debtor is entitled to an accounting of the unpaid
indebtedness secured by the property that we intend
to sell. Debtor may request an accounting by calling
James Wilton, attorney for the Lender, at Ropes &
Gray LLP, Prudential Tower, 800 Boylston Street,
Boston, MA 02199, (617) 951-7000.
01/28/14 4:00 PM
02/04/14 11:35 AM
02/05/14 1:17 PM
02/14/14 7:07 AM
Message in reply to:
Cereplast is toast.Liquidation auction.
Third item down.
www.pesco.com/consumerCommercialAuctions.jsp
Save yourselves.
AI
