PLEASE TAKE NOTICE that on August 25, 2021, at 01:00 p.m. prevailing Pacific time, bocm3-Megalopolis-Senior Debt, LLC (“Lender”) will conduct a virtual public sale and disposition (the “Sale”) of the assets owed by Toy Overlord, Inc. d/b/a Megalopolis (“Megalopolis”), in accordance with the provisions of Utah Code Annotated § 70A-9a-610, et. seq., or other applicable Uniform Commercial Code. The Sale will take place online via Zoom and in person at the offices of Brian Testo Associates, LLC, 4035 East Thousand Oaks Blvd. Suite 105, Westlake Village, CA 91362. Pre-qualified bidders may participate in the Sale online or in person.
Description of assets to be sold: The assets to be sold consist of certain of the tangible and intangible assets used in the business of Megalopolis (“Assets”) as more fully described below:
For a more specific list of the Assets, auction registration requirements or to arrange an inspection of the assets, please contact Brian Testo, Brian Testo Associates, LLC, 4035 East Thousand Oaks Blvd, Suite 105, Westlake Village, CA 91362, 818.592.6592 (“Auctioneer”).
Agreements pursuant to which the Sale is held:
Terms of Sale. The Assets will be sold in one lot to the bidder with the highest or otherwise best bid, for cash, except as otherwise provided herein. Bidders may appear virtually or in person at the auction to bid. Bidders who appear virtually must send an amount equal to $100,000 (“Deposit”) by wire transfer to the Auctioneer 24 hours prior to the start of the auction in order to qualify to bid. In person bidders must present a cashier’s check or certified check in an amount equal to $100,0000 (“Deposit”) at time of in person registration in order to qualify to bid. Deposit is fully refundable if bidder is not successful. Successful bidder must pay the balance payable in good funds within twenty-four (24) hours of concluding the Sale. If the successful bidder fails to pay the balance when due, the Deposit will be forfeited to the Lender and the Assets or any portion thereof will be sold without further proceedings to the next highest bidder(s). Lender reserves the right to credit bid any portion of the total amount due and owing it to purchase all or any portion of the Assets, need not make any cash Deposit or cash payment of any kind so long as its credit bid does not exceed the total amount due and owing to it, and need not be in attendance in person at the Auction to bid.
No Warranties. The Assets will be offered for sale “AS IS”, “WHERE IS”, “WITH ALL FAULTS” and “WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR OR OTHER PURPOSE”. THERE IS NO WARRANTY RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION.
Removal Costs. Following the Sale, the successful bidder will assume all responsibility and costs for removal of the Assets and be responsible for leaving the Premises in clean broom swept condition – all by no later than end of day on August 26, 2021.
Postponement or Modification of Sale. The Sale may be postponed or continued without any further notice except as provided at the Sale. Lender reserves the right to announce, or have its auctioneer announce, additional rules at the Sale to ensure that the Sale is conducted in an orderly manner.
Following the Sale, upon request, Megalopolis and junior lienholder(s) shall be entitled to an accounting of the unpaid indebtedness due to Lender upon payment of the costs for such accounting.
August 13, 2021
|Joseph D. Brydges
Michael Best & Friedrich LLP
One South Pinckney Street, Suite 700
P.O. Box 1806 Madison, WI 53701-1806
Email: [email protected]
Brian Testo Associates, LLC
4085 E. Thousand Oaks Blvd., #105
Westlake Village, CA 91362
Email: [email protected]
Auction Case Manager:
|Attorneys for bocm3-Megalopolis-Senior Debt, LLC||Auctioneer|
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