1. What is Being Sold? Substantially all of the assets of Fizz & Bubble, LLC, an Oregon limited liability company (“Debtor”), including the Debtor’s right, title, and interest in and to all intellectual property (including, without limitation, domain names, common law trademarks, formulations and trade secrets, customer lists and social media accounts), as well as equipment (other than leased property), inventory, and accounts (collectively, the “Assets”).
2. What is the Debtor’s Business? The Debtor owns and operates a business and assets related thereto outside of Portland, Oregon publicized as “creating, manufacturing, and distributing skin softening and rejuvenating skin products, such as soaps, scrubs, lotions, and bubble bath.” For more information, check out its website here.
3. Article 9 Sale. This auction (“Auction”) will be conducted, and this public notice is being provided, pursuant to Section 9-610 of the Uniform Commercial Code (“UCC”), as adopted in the State of Utah and any other applicable jurisdictions, and any other applicable law.
4. Who is the Seller? Decathlon Alpha III, L.P. (“Secured Party”) is the seller. The Debtor has granted a security interest in all of the Assets to the Secured Party to secure Debtor’s obligations to the Secured Party.
5. When and Where is the Auction? The Auction will be held on February 2nd at 10 am CT and there is an initial bid deadline of January 26th at 3 pm CT. It will be held at the law firm of Fredrikson & Byron, 200 South Sixth Street, #4000, Minneapolis, MN 55402 but open bidding shall be conducted via video conference. Only Qualified Bidders and their representatives may attend; credentials to be supplied to Qualified Bidders.
6. More Information – Who to Contact? Please email [email protected] for more information, to get a copy of the bid procedures (“Bid Procedures”), to express your interest in becoming a Qualified Bidder, and/or to schedule a due diligence session.
7. Terms and Conditions. The following Terms and Conditions (in addition to the Bid Procesures) apply to the Auction:
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