Debtor: Semper Utilities, LLC, a New Jersey limited liability company
Senior Secured Parties: SZY Holdings, LLC and Chym IV Ventures, LLC (collectively, the “Secured Parties”)
To: All subordinate secured creditors, judgment creditors, and other parties known or believed to hold a lien, security interest, or claim against the assets of Semper Utilities, LLC which is required to noticed under applicable law.
I. NOTICE TO JUNIOR SECURED CREDITORS AND JUDGMENT CREDITORS
PLEASE TAKE NOTICE that, pursuant to Section 9-611 of the Uniform Commercial Code as enacted in the State of New Jersey (N.J.S.A. 12A:9-611), the Secured Parties hereby notify all subordinate secured creditors, judgment creditors, and other parties holding or claiming a security interest, lien, or encumbrance against the assets of Semper Utilities, LLC (the “Debtor”) of the Secured Parties’ intent to foreclose upon and dispose of the collateral described herein.
II. IDENTIFICATION OF PARTIES
Senior Secured Parties:
SZY Holdings, LLC and Chym IV Ventures, LLC c/o
Trif & Modugno LLC
Attn: Louis Modugno, Esq.
Telephone: (201) 874-4596
Email: [email protected]
Servicer and Attorney-in-Fact for Secured Parties: Chym IV Ventures, LLC
Debtor: Semper Utilities, LLC A New Jersey limited liability company
Subordinate Parties: All subordinate secured creditors of record, judgment creditors, and any other persons or entities known or believed to hold a subordinate lien, security interest, or claim against the Collateral (as defined below)
III. NATURE OF SECURITY INTEREST AND DESCRIPTION OF COLLATERAL
The Secured Parties hold a senior perfected security interest in all assets of the Debtor pursuant to certain loan documents (the “Loan Agreements”) executed by and between the Secured Parties and the Debtor. The Secured Parties’ security interest encumbers the following collateral (the “Collateral”):
SEE EXHIBIT A HERETO FOR FULL DESCRIPTION OF COLLATERAL
IV. BASIS FOR FORECLOSURE — DEFAULT AND RIGHT TO FORECLOSE
The Debtor is in default of its obligations under the Loan Agreements. By reason of said default, the Secured Parties are entitled to exercise all rights and remedies available to them under the Loan Agreements, under Article 9 of the Uniform Commercial Code as enacted in the State of New Jersey (N.J.S.A. 12A:9-601 et seq.), and as further authorized by Order of the United States Bankruptcy Court for the District of New Jersey. The Debtor has consented to this disposition.
V. NOTICE OF FORECLOSURE AND PUBLIC SALE
The Secured Parties hereby give notice of their intent to foreclose upon the Collateral by means of a public disposition pursuant to Section 9-610 of the Uniform Commercial Code (N.J.S.A. 12A:9- 610).
Date of Public Sale: July 28, 2026, at 9:30 a.m. Eastern Standard Time
Method of Sale: Public auction conducted telephonically via Zoom videoconference. Attendance information shall be circulated to Qualified Bidders as defined herein no later than one (1) day prior to the Public Sale.
Terms of Sale: The Collateral shall be sold to the highest Qualified Bidder for cash or, at the Secured Parties’ sole discretion, credit against the outstanding indebtedness held by the Secured Parties. The Secured Parties reserve their right to credit bid at the Public Sale up to the full value of the debt owed to Secured Parties under the Loan Agreements.
Condition of Collateral: The Collateral shall be sold “AS IS, WHERE IS,” without any warranties of title, possession, quiet enjoyment, quality, fitness, merchantability, or any other warranties, express or implied, arising by statute, common law, or otherwise.
VI. RIGHTS OF SUBORDINATE SECURED CREDITORS AND JUDGMENT CREDITORS
Pursuant to N.J.S.A. 12A:9-611 and 12A:9-617, subordinate secured creditors and judgment creditors are hereby advised of the following rights:
(a) Right of Redemption. Pursuant to N.J.S.A. 12A:9-623, the Debtor or any subordinate secured creditor or lienholder may redeem the Collateral at any time before the Secured Parties have collected on the Collateral, completed a disposition thereof, or entered into a contract for its disposition, by tendering fulfillment of all obligations secured by the Collateral, together with the reasonable expenses and attorney’s fees incurred by the Secured Parties.
(b) Surplus Proceeds. Pursuant to N.J.S.A. 12A:9-615, following the disposition of the Collateral and satisfaction of the senior secured indebtedness, including all principal, interest, fees, costs, and expenses of sale, any surplus proceeds shall be distributed to subordinate secured creditors and lienholders in the order of their priority, to the extent required by applicable law.
(c) Right to Object. Any party claiming an interest in the Collateral may, subject to applicable law, seek appropriate relief from a court of competent jurisdiction to challenge the commercial reasonableness of the sale or any other aspect of the disposition.
(d) Accounting. The Debtor is entitled to an accounting for the unpaid obligations due and owing to the Secured Parties.
VII. RESPONSE DEADLINE
Any subordinate secured creditor, judgment creditor, or other party wishing to (i) object to the foreclosure and public sale, (ii) exercise a right of redemption, or (iii) assert any other right or claim with respect to the Collateral must provide written notice to the Secured Parties’ counsel at the address set forth above no later than 12:00 p.m. Eastern Standard Time on July 21, 2026.
Failure to respond by the deadline set forth above shall not constitute a waiver of any rights under applicable law, but may limit a party’s ability to participate as a Qualified Bidder at the Public Sale.
VIII. GOVERNING LAW AND JURISDICTION
This notice and the foreclosure and disposition of the Collateral shall be governed by Article 9 of the Uniform Commercial Code as enacted in the State of New Jersey (N.J.S.A. 12A:9-101 et seq.) and by all other applicable laws of the State of New Jersey. Any dispute arising out of or in connection with this foreclosure shall be subject to the jurisdiction of the United States Bankruptcy Court for the District of New Jersey, or, if such court lacks jurisdiction, the courts of the State of New Jersey.
IX. ADDITIONAL INFORMATION
Parties interested in participating at the Public Sale as a bidder for the Collateral or desiring any additional information should contact:
Louis Modugno, Esq. Trif & Modugno LLC Email: [email protected] Telephone: (201) 874-4596
To qualify as a Qualified Bidder, a prospective bidder must, no later than 12:00 p.m. Eastern Standard Time on July 21, 2026, contact counsel for Secured Parties at the information above and provide (i) a non-contingent bid to purchase the Collateral detailing the price the bidder is willing to bid, (ii) accurate contact information, and (iii) adequate assurances of the bidder’s ability to
perform as the Secured Parties may reasonably request, including a required deposit and the ability to meet any reserve bid.
The Secured Parties reserve the right to cancel, adjourn, or continue the Public Sale from time to time, without further notice other than as given at or before the Public Sale date and place, in their sole and absolute discretion.
SZY Holdings, LLC and Chym IV Ventures, LLC
By: /s/ Chad Friedman
Dated: July 3, 2026
EXHIBIT A
All assets of the Debtor, whether now owned or hereafter acquired, and all proceeds and products thereof, including, without limitation, all accounts and accounts receivable, chattel paper, deposit accounts, documents, equipment, machinery, fixtures, general intangibles (including payment intangibles and software), instruments, inventory, investment property, letter‑of‑credit rights, rights to payments, insurance claims, refunds, commercial tort claims, and supporting obligations, together with all accessions, substitutions, replacements, additions and all cash and non‑cash proceeds of any of the foregoing.
DailyDAC™ is the internet's oldest, most trusted, and most widely used provider of public notices of asset sales and case commencements, and other important notices involving companies in financial distress in the United States and Canada. DailyDAC™ public notices are used by bankruptcy trustees, chapter 11 debtors in possession, federal and state court receivers, assignees for the benefit of creditors, auctioneers, and secured parties disposing of their collateral under the Uniform Commercial Code or other state law trust (and their respective auction firms, law firms, and other agents). Learn more.
Many sales of distressed companies and distressed business assets are not widely advertised. If you are buyer of such companies or assets, you may be well served by becoming a paying subscriber to Distressed Deal Data™. Find out more.
PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Legalis Capital, LLC, Oliphant Credit, LLC
PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Xevant Holdco, LLC
PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Substantial equity and convertible debt positions in Novra Technologies Inc.
PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Metal stamping and manufacturing company
PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Healthcare data analytics & integration business
PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Fulton SCG Member LLC