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PUBLIC NOTICE OF ARTICLE 7 SALE: FROZEN FOOD

NOTICE OF AUCTION OF FROZEN FOOD ON JANUARY 6TH

  1.  Executive Summary. There is due as of November 25, 2022, charges and related fees and expenses totaling no less than $116,278.60 (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 Storage and Direct-To-Consumer Fulfillment Service Agreement dated September 14, 2020, between Warehouseman and The Very Good Food Company (“Bailor”).
  2. Auction Date. Warehouseman intends to sell the Goods at public auction (“Auction”) on January 6, 2022, 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. Accommodation for attending the Auction virtually may be made for prospective bidders who so request.
  3. The Goods. The Goods consist of cases of frozen food as described and, in the quantities, listed on Appendix 1 to this Notice.
  4. More Information. For more information, including to arrange an inspection of the Goods, and to register to attend and bid at the Auction, contact Jonathan Friedland of Much Shelist, P.C. at [email protected], counsel for Warehouseman.
  5. Additional Legal Information.
    1. The Auction is being held pursuant to Uniform Commercial Code §§7-206(a), 7-209(a), and 7-210.
    2. Only those registered at least two business days before the Auction Date 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 reject any bids or continue the Auction without prior notice.
    6. Each prospective 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 AS A SINGLE LOT “AS IS” AND “WHERE IS” AND WITH NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATION, STATEMENTS, OR CONDITIONS OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ARE BEING SOLD IN ACCORDANCE WITH THE TERMS AND PROVISIONS SET FORTH ABOVE. THE WINNING BIDDER SHALL RECEIVE A BILL OF SALE FOR THE GOODS THAT CONTAINS THE ABOVE 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 and shall be required to take possession of them within two weeks of the Auction Date unless otherwise agreed to in writing by Warehouseman.
    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

Code UOM Description Inventory
CSBBN-90016 CS British Banger US Case 390
CSBKU-90054 CS BS Breakfast Sausages US Case (non-gmo) 1421
CSBRU-90055 CS BS Bratwurst Sausages US Case (non-gmo) 0
CSCJU-90056 CS BS Cajun Sausages US Case (non-gmo) 569
CSGBK-90086 CS BS A Cut Above Beef Ground US Case (non-gmo) -74
CSGPK-90087 CS BS A Cut Above Pork Ground US Case (non-gmo) 244
CSKRU-90057 CS BS Flippin’ Good Burger US Case (non-gmo) 646
CSPPN-90017 CS Pepperoni US Case 247
CSSBN-90018 CS Smokin’ Bangers US Case 373
CSSMB-90008 CS Smokin’ Burgers Case 68
CSSMB-90019 CS Smokin’ Burgers US Case 947
CSSPM-90096 CS BS MMM Meatballs-Spicy Italian US Case (non-gmo) 303
CSTAS-90010 CS Taco Stuff’er Case 231
CSTAS-90020 CS R&D Taco – Carmina Spice Test 141
CSTAS-90020 CS Taco Stuff’er US Case 209
CSVBR-90011 CS The Very Good Burger Case 184
CSVBR-90022 CS The Very Good Burger US Case 1047
CSVRD-90021 CS Very Good Dog US Case 531
CSVSC-90071 PC The Very Good Steak 2Pk US Case 175
ECFBX-10066 CS Festive Box US 0
MCSTB-95013 CS Stuffed Beast US Master Case -39
PKBBN-80031 PC A Very British Banger US 2062
PKBJK-80001 PC BBQ Pulled Jackfruit 540
PKBLC-80052 PC Bold Cheddah US 2128
PKBRW-80073 PC BS Bratwurst Sausages US (non-gmo) 3000
PKCJN-80069 PC BS Cajun Sausages (non-gmo) 437
PKCJN-80074 PC BS Cajun Sausages US (non-gmo) 260
PKGDF-80054 PC Goud AF US 3200
PKPJK-80051 PC Pepper Jack US 64
PKPPN-80032 PC Pepperoni (200g) US 3880
PKSBN-80033 PC Smokin’ Bangers US 7544
PKSMB-80034 PC Smokin’ Burgers US 5277
PKTAS-80035 PC Very Good Taco Stuff’er US 2100
PKVBB-80036 PC Very Good Dog US 2252
PKVBR-80037 PC The Very Good Burger US 1096
PKVRS-80014 PC Ribz 5070
PKVRS-80063 PC Ribz US 610
Mixed loose cases – No Count 6
Unknown – RPC tag w/ BRW PC 240
Unknown Master cases 16
Unknown Meatball CS Unknown Meatball 3
R&D Beast – CoEx Test 0
Unknown – No Labels – RPC Unknown – No Labels – RPC 15
Pre-packed E-com boxes CS Pre-packed E-com boxes 11

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