1. WUNDER CAPITAL V, LLC (“Secured Party”), to enforce its rights against CLEANLIGHT POWER+ENERGY, MT. LAUREL, LLC, a Delaware limited liability company (“Borrower”), will offer for sale at public auction its Collateral, as that term is defined below.
2. The public auction will take place on July 31, 2020, at 10:00 a.m. (New York City time).
3. The Collateral is defined as and includes the property set forth below:
All property and assets of the Borrower, whether currently owned or hereafter acquired by Borrower, wherever located, of every kind and description, tangible or intangible, and all proceeds thereof, including: all goods (including inventory, equipment and accessions thereto), instruments (including promissory notes), documents, accounts and accounts receivable, other receivables, chattel paper (whether tangible or electronic), deposit accounts, letter-of-credit rights (whether or not evidenced by a writing), documents of title, policies, certificates of insurance, commercial tort claims, securities, all other investment property, supporting obligations, any other contract rights, insurance claims and proceeds, licenses, permits, authorizations and general intangibles (including payment intangibles), including without limitations, all of its right, title and interest in, to and under the Project (or any portion or component thereof), the Power, the Attributes, the Proceeds, the Project Contracts and any rights to payment or other rights related to or arising from any of the foregoing.
4. Bold and/or capitalized terms shall have the meanings ascribed to them in that certain Loan and Security Agreement, dated as of March 29, 2018 (as amended, restated, supplemented, replaced, renewed or otherwise modified from time to time), by and between Borrower and Secured Party (successor-by-assignment to The Wunder Company pursuant to a certain Loan Assignment Agreement between The Wunder Company as Seller and Secured Party as Purchaser, effective as March 20, 2018); and that certain Secured Promissory Note, dated as of March 29, 2018, executed by Borrower for the benefit of Secured Party (as amended, restated, supplemented, renewed, or otherwise modified from time to time).
5. It is the understanding and belief of Secured Party, but without any warranty or representation by Secured Party as to the accuracy or completeness, that the foregoing description of the Collateral to be offered for sale at the public auction, includes, without limitation, 100% of the membership interests of CleanLight Energy, LLC, a Delaware limited liability company that engages in the ownership of real estate and solar power energy equipment.
6. The total amount due to Secured Party, as holder of the Collateral, as of June 18, 2020, is the sum of $3,721,312.76, together with interest and penalties accruing thereafter.
7. Out of concern for the health and safety of the general public due to the COVID-19 pandemic, the public auction will take place via the “Zoom” telephonic and online chat services platform. Secured Party may cancel the public auction or cause the sale to be adjourned from time to time, without prior written notice or further publication, by announcement to anyone indicating an intent to participate in the sale. All interested and prospective bidders are invited to contact Mr. Lloyd Birnbaum (see contact information below) to obtain information regarding access to the public auction and the terms of sale. Upon request, Secured Party will make available for inspection additional information and supporting documentation related to the Collateral at a mutually convenient date, time, and location.
8. Mr. Lloyd Birnbaum may be contacted at:
LAULETTA BIRNBAUM, LLC
Attorneys for Secured Party
Attn: Lloyd Birnbaum, Esq.
591 Mantua Blvd, Suite 200
Sewell NJ 08080
Tel: (856) 232-1600
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