On October 17, 2025, at 10:30 a.m. prevailing Eastern time (the “Sale Date”), AN Emerson Mezz Lender, LLC, a Delaware limited liability company (“Secured Party”), as successor-in- interest to Natixis, New York Branch (“Original Secured Party”), shall appear at the offices of King & Spalding LLP, legal counsel to Secured Party, at 1290 Avenue of the Americas, New York, New York 10104, and virtually via Microsoft Teams, and shall then and there offer for sale at a public auction (the “Sale”), pursuant to the Uniform Commercial Code (as enacted in the State of New York), the personal property of BUDA MEZZ LLC, a Delaware limited liability company (“Debtor”), on account of unpaid indebtedness owed by Debtor to Secured Party.
The property offered for sale (collectively, the “Collateral”) shall consist of any and all right, title and interest of Debtor in, to, or under that certain property identified in (a) Uniform Commercial Code Financing Statement, Filing No. 2022 2918191, that was filed by Original Secured Party against Debtor with the Delaware Department of State on April 6, 2022, and (b) Uniform Commercial Code Financing Statement Amendment, Filing No. 2025 5545741, that was filed by Secured Party against Debtor with the Delaware
Department of State on July 30, 2025, with respect to certain personal property of Debtor (including, without limitation,
(a) Debtor’s 100% limited liability company interest in Buda Acquisition LLC, a Delaware limited liability company (“Owner”), together with the certificate evidencing the same, and all rights of Debtor to receive the profits and the losses of and receive distributions from Owner, all rights of Debtor to receive distributions of Owner’s assets, and all of Debtor ’s economic rights, voting rights, consent rights, management rights, control rights, rights to status as a member, rights to inspect the books and records of Owner and rights to receive information under the organizational documents of Owner, and all other rights of Debtor with respect to Owner and under the organizational documents of Owner (collectively, the “Pledged Interests”);
(b) all ownership interests, membership interests, limited liability company interests, shares, securities, moneys, instruments or property representing a dividend, a distribution or return of capital upon or in respect of the Pledged Interests, or otherwise received in exchange therefor, and any warrants, rights or options issued to the holders of, or otherwise in respect of, the Pledged Interests;
(c) all rights, privileges, authority and power of Debtor arising from Debtor’s interest in Owner or which Debtor otherwise has or may have with respect to Owner, and all rights, privileges, authority and power of Debtor to receive moneys or distributions with respect to the Pledged Interests due and to become due under or pursuant to the organizational documents of Owner, (ii) all rights of Debtor to receive proceeds of any insurance, indemnity, warranty or guaranty with respect to the Pledged Interests, (iii) all claims of Debtor for damages arising out of or for breach of or default under an organizational document of Owner, (iv) any right of Debtor to perform under the organizational documents of Owner and to compel performance and otherwise exercise all rights and remedies under the organizational documents of Owner, (v) all rights to vote and give approvals, consents, decisions and directions and to exercise any other similar right as a member of Owner and/or in respect of the Pledged Interests and/or the business or affairs of Owner and/or to otherwise participate in the operation and management of Owner, including to act as manager of Owner, and all rights of Debtor under or in respect of the limited liability company agreement of Owner and any other agreement relating to Debtor’s ownership of equity in Owner, (vi) all rights of Debtor to receive the profits and the losses of and receive distributions from the Owner, (vii) all rights of Debtor to receive distributions of Owner’s assets, and (viii) all of Debtor’s economic rights, voting rights, consent rights, management rights, control rights, rights to status as a member, rights to inspect the books and records of Owner and rights to receive information under the organizational documents of Owner or otherwise arising from Debtor’s interest in Owner;
(d) all reserves, escrows and deposit accounts maintained by Debtor with respect to the Collateral, including, without limitation, all accounts established or maintained pursuant to the Loan Agreement or any other Loan Document, together with all deposits or wire transfers made to such accounts, and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time, and all proceeds, products, distributions, dividends and/or substitutions thereon and thereof;
(e) all “documents”, “accounts”, “chattel paper,” “general intangibles”, “instruments,” “securities,” “financial assets” and “investment property” (in each case as defined in the Uniform Commercial Code) constituting the Collateral described in the foregoing clauses (a) through (d); and (f) all proceeds of and to any of the property of Debtor described in clauses (a) through (e) above, which shall include, without limitation, all dividends, cash proceeds, accounts, and/or other income from the Collateral, collections thereon or distributions with respect thereto and, to the extent related to any property described in said clauses or such proceeds, all books, correspondence, credit files, records, invoices and other papers.) Owner is the owner of the real property and improvements located at and known by the street address of 950 FM2001, Buda, Texas.
On the Sale Date, the Collateral will be offered for sale, as one unit, on an “AS IS, WHERE IS” basis, and sold to the highest bidder at the conclusion of the Sale, as determined by Secured Party in its reasonable discretion. In its sole and absolute discretion, Secured Party reserves its rights, on or prior to the Sale Date, to withdraw any or all of the Collateral from the Sale for any reason whatsoever, to modify, waive or amend any terms or conditions of the Sale, to reject any or all bids, to continue the Sale to such time and place as Secured Party may deem fit, to offer the Collateral for sale in multiple lots or to cancel or postpone the Sale without notice. Secured Party also reserves its right to credit bid at the Sale.
Further information regarding the Sale, obtaining virtual credentials for the Sale, the Collateral, and the requirements to be considered as a “Qualified Transferee” may be obtained by contacting (i) Matthew D. Mannion at Mannion Auctions, LLC, 299 Broadway, Suite 1601, New York, New York 10007, Email: [email protected]; and (ii) Brock Cannon at Newmark, 125 Park Avenue, New York, New York 10017, Email: [email protected].
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