Solar Energy and Electric Generating Systems and Other Personal Property of Cactus Solar I, LLC
PLEASE TAKE NOTICE that on December 15, 2023, at 11:00 a.m., Eastern Time, online via Zoom, a public sale shall be conducted of the personal and fixture property, whether previously, now or hereafter, securing the obligations of Cactus Solar I, LLC (the “Borrower” or “Debtor”) to The Wunder Company, on behalf of Lender (the “Lender”). A detail of such collateral subject to the Lender’s December 15, 2023 foreclosure sale (the “Sale Collateral”) is set forth below.
This sale is being held to enforce the rights of the Lender.
The Sale Collateral will be sold to the highest qualified bidder for cash, or the credit against outstanding indebtedness held by the Lender or for which the Lender is entitled by contract to bid. Please be advised that Lender, and any assignees of the Lender, reserve their right to credit bid, and may credit bid, at the public sale of the Sale Collateral. Lender will sell the Sale Collateral on terms acceptable to the Lender at its sole option, including, without limitation, sale terms that require providing satisfactory evidence of any licenses or permits required to purchase, own, or operate the Sale Collateral.
There will be no warranty made or provided relating to title, possession, quiet enjoyment, or the like in connection with the disposition. None of the Sale Collateral has been registered for sale under any federal or state securities or blue sky laws, and as such may only be sold or otherwise transferred by Lender or a purchaser of any Sale Collateral in accordance with applicable law.
To be a qualified bidder, a prospective bidder must, on or before 5:00 p.m. (ET time) on December 8, 2023, both: (i) contact counsel for the Lender at the e-mail address set forth below and provide the Lender’s counsel with current contact information and such adequate assurances of bidder’s ability to perform as the Lender may reasonably request; and (ii) provide the Lender’s counsel with a refundable cash deposit of at least one hundred fifty thousand dollars ($150,000) to secure any bids that the bidder may submit at auction. The Lender shall not be required to post any such deposit in order to participate in the auction. All deposits of qualified bidders, other than the successful bidder, will be refunded after the auction. The highest qualified bidder at the auction will be required to deposit the full amount of the bid price in escrow with Holland & Knight LLP by way of a bank wire that is received by Holland & Knight LLP, no later than December 14, 2023, at 4:00 p.m., ET time.
Interested parties who would like additional information should contact Brent R. McIlwain, counsel for the Lender, by e-mail at [email protected] or by phone at (214) 964-9481. ALL ASSETS SOLD AT THE FORECLOSURE SALE WILL BE SOLD ON AN “AS-IS, WHERE-IS” BASIS, WITH ALL FAULTS, AND NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, CONCERNING THE COLLATERAL FOR SALE IS BEING MADE BY THE LENDER OR ANY AGENT, ATTORNEY, OR REPRESENTATIVE OF THE LENDER.
The Sale Collateral to be sold or disposed of in any one transaction may include any or all assets subject to Lender’s security interest, including, without limitation, any or all of the following assets in which the Debtor has or had any right, title or interest (as each such term
below is defined in the New York Uniform Commercial Code):
Including any and all of the solar panels, racking, wiring, inverters, meters, other electrical components and other hardware or components, and all designs, materials, tools and equipment and other tangible or intangible goods owned by Debtor, in each
case that are integrated into or reasonably anticipated to be integrated into the Project or necessary for construction or to enable the solar energy electric generating system to deliver electric power to the site.
Capitalized terms not otherwise defined in this Exhibit A shall have the meanings ascribed to them 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 the Borrower and the Lender. Additional information concerning such defined terms may be obtained by contacting the Lender’s counsel, Brent McIlwain ([email protected]).
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.
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