Personal Property of PURPOSE COMPANY, LLC
1. PLEASE TAKE NOTICE that on April 11, 2025, at 10:00 a.m., Dallas, Texas time, a public sale shall be conducted of the personal property, whether previously, now, or hereafter constituting the items described on Exhibit A (collectively, the “Sale Collateral”) of PURPOSE COMPANY, LLC (the “Borrower” or the “Debtor”), the producer of Purpose Purple Tea and other products. Such public sale will be conducted via an online video conference using Zoom, Teams, or another similar video conferencing platform. This sale is being held to enforce the rights of AQUIO SOLUTIONS, LLC (the “Secured Party”).
2. Parties interested in participating in such sale should contact counsel for the Secured Party, at the address below, to facilitate attendance via videoconference. THE SECURED PARTY EXPRESSLY RESERVES THE RIGHT TO ADJOURN SUCH PUBLIC AUCTION SALE TO A LATER DATE.
3. A detail of the Sale Collateral subject to the Secured Party’s April 11, 2025 foreclosure sale is set forth below.
The Sale Collateral will be sold to the highest qualified bidder for cash, or the credit against outstanding indebtedness held by the Secured Party. Please be advised that Secured Party, and any assignees of the Secured Party, reserve their right to credit bid, and may credit bid, at the public sale of the Sale Collateral. Secured Party will sell the Sale Collateral on terms acceptable to the Secured Party at its sole option, including, without limitation, sale terms that may 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 the Lender or a purchaser of any Sale Collateral in accordance with applicable law.
4. To be a qualified bidder, a prospective bidder must, on or before 5:00 p.m. (Dallas, Texas time) on April 8, 2025, both: (i) contact counsel for the Secured Party at the e-mail address set forth below and provide the Secured Party’s counsel with current contact information and such adequate assurances of bidder’s ability to perform as the Secured Party may reasonably request; and (ii) provide the Secured Party’s counsel with a refundable cash deposit of at least fifty thousand dollars ($50,000) to secure any bids that the bidder may submit at auction. The Secured Party (or any assignee of the Secured Party’s rights) 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 April 11, 2025, at 4:00 p.m., Dallas, Texas time. Interested parties who would like additional information should contact Brian Smith or Eric Kimball, counsel for the Secured Party, by e-mail at [email protected] or [email protected] or by phone at (214) 964-9464 or (214) 964-9477.
Exhibit A – Sale Collateral
5. The Sale Collateral to be sold at the public auction is comprised of all of Debtor’s assets of whatever kind and wherever located, including without limitation, its accounts, receivables, contract rights, equipment, inventory, Intellectual Property Rights (as defined below) and all real, personal and intangible property, also including all of Debtor’s above-described property (however owned) derived from or relating to the foregoing, whether or not in the possession of the Debtor (or in the possession of a third party subject to the control of the Debtor), whether now or hereafter existing and whether tangible or intangible in character. “Intellectual Property Rights” means all intellectual property and industrial property rights of any kind whatsoever throughout the world, including but not limited to patent rights, copyrights (including but not limited to mask work rights), trademark rights, and trade secret rights.
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