PUBLIC NOTICE OF UCC ARTICLE 7 SALE: Frozen Food

NOTICE OF UCC ARTICLE 7 SALE OF FROZEN FOOD & PACKAGING MATERIAL ON DECEMBER 22nd

1. Executive Summary. There is due as of December 1, 2023, charges and related fees and expenses totaling no less than $256,704.48 (together with any additional fees and expenses accruing thereafter, the “Lien Amount”) on the goods (“Goods”) held by NF Solutions, LLC as warehouseman (“Warehouseman”) under that certain Fulfillment Service Agreement with an effective date of April 27, 2023, between Warehouseman and Better Brand, LLC (“Bailor”).
2. Auction Date. Warehouseman intends to sell the Goods at public auction (“Auction”) on December 22, 2023, at 9:00 am CT (“Auction Date”) at the office of Much Shelist P.C., 191 N Upper Wacker Dr., STE 1800, Chicago, IL 60606 to satisfy the Lien Amount. Attending the Auction virtually may be accommodated for prospective bidders who so request.
3. The Goods. The Goods consist of cases of frozen food described and listed in Appendix 1 to this Notice and related packaging material.
4. More Information. For more information, registering to attend and bid at the Auction, contact Jonathan Friedland of Much Shelist, P.C. at [email protected], counsel for Warehouseman. Registered bidders may inspect the Goods prior to the Auction.
5. Additional Information.

1. 1. The Auction is being held pursuant to Uniform Commercial Code §§7-206(a), 7-209(a), and 7-210.
   2. Only those registered by Noon CT on December 20, 2023, shall be entitled to attend or bid at the Auction. Warehouseman may require any prospective bidder to provide reasonable evidence of its ability to pay as a condition to being registered to bid. Any bidder attending the Auction shall be deemed to agree to the provisions contained in this Section 5 of this Notice.
   3. Warehouseman reserves the right to credit bid on the Goods, and Bailor has the right to redeem the Goods by tendering the Lien Amount to Warehouseman before the Auction Date.
   4. Warehouseman reserves the right to announce procedures governing the terms of the Auction prior to and at the commencement of the Auction and to modify or waive any such procedures during the Auction.
   5. Warehouseman reserves the right, on or prior to the Auction Date, to continue the Auction without prior notice to anyone other than registered bidders. Warehouseman may cancel the Auction if there are no registered bidders, in which case it may exercise its right to credit bid.
   6. Each registered bidder is responsible for investigating the Goods, for making its own determination as to the appropriateness of bidding at the Auction and shall assume all risks associated with purchasing the Goods.
   7. THE GOODS ARE BEING SOLD IN TWO LOTS “AS IS” AND “WHERE IS” AND WITH NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATION, STATEMENTS, OR CONDITIONS OF ANY KIND. THIS DISCLAIMER OF WARRANTIES INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WINNING BIDDER SHALL RECEIVE A WAREHOUSEMAN’S BILL OF SALE FOR THE GOODS THAT WILL INCLUDE THESE DISCLAIMERS.
   8. The winning bidder shall be required to pay a non-refundable deposit of 20% of its winning bid amount in immediately available funds on the Auction Date and shall be required to pay the remaining 80% prior to taking possession of them. The winning bidder shall be required to take possession of them within two weeks of the Auction Date unless otherwise agreed to in writing by Warehouseman. If the winning bidder does not take possession within this time and does not obtain Warehouseman’s written agreement permitting it, Warehouseman may keep or destroy the Goods and keep the deposit.
   9. If the winning bidder fails to tender the deposit on the Auction Date, Warehouseman reserves the right to declare the next highest bidder the winning bidder until 24 hours after the Auction Date, and such next higher bidder may not withdraw its bid until such time. All other bidders’ bids shall remain open until the conclusion of the Auction.

Appendix #1

LOT #1 (Located in Edison, NJ)

LOT #2 (Located in Stockton, CA)