NOTICE IS HEREBY GIVEN, that pursuant to Section 9-610 of the Uniform Commercial Code (the “UCC”), as adopted in the State of New York and any other applicable jurisdictions, and any other applicable law, Hilldun Corporation (the “Secured Party”) will offer for sale to the public (the “Auction”) substantially all of the assets of Cushnie, LLC, a New York limited liability company, and Cushnie Trademark, LLC, a Delaware limited liability company (the “Debtors”), including the Debtors’ right, title, and interest in and to all intellectual property (including, without limitation, trademarks, internet domain names, trade names, and customer lists), as well as equipment, fixtures, inventory, and samples (other than leased property) (collectively, the “Assets”).
Debtors have granted a security interest in all of the Assets to the Secured Party to secure Debtors’ obligations to the Secured Party. The Assets are being sold on an “AS IS, WHERE IS” basis pursuant to the terms and conditions set forth below. The Debtors own and operate a women’s apparel business and assets related thereto in New York, New York publicized as “a luxury women’s ready-to-wear and bridal brand designed by Carly Cushnie.”
Date and Time:
December 4, 2020 at 10:00 a.m.
225 West 35th Street
New York, New York 10001
Persons who wish to attend by conference call or other electronic means may contact Michael A. Buxbaum, Esq.(see contact information below) by telephone no later than 3:00 p.m. New York time on November 25, 2020 or by email by 12:00 noon on November 27, 2020, whereupon attendance will be arranged.
The Assets will be offered in one or more lots. The Assets will be offered and sold to the bidder with the highest or otherwise best bid for the Assets determined by the Secured Party at the Auction. Unless otherwise agreed by the Secured Party in advance, to participate at the Auction, each potential bidder must be physically present at the Auction and demonstrate, prior to the commencement of the Auction, to the satisfaction of the Secured Party that each such bidder has the financial means to close on any bid made at the Auction. The Secured Party reserves the right to cancel, postpone or adjourn the Auction by announcement made at the Auction, either before or after the commencement of bidding, without written notice or further publication. In addition, the Secured Party reserves the right to bid for and purchase the Assets and to credit the purchase price against the expenses of sale and principal, interest and any and all other amounts due and payable to the Secured Party pursuant to the terms of any and all indebtedness secured by the security interests in the Assets. The Secured Party reserves the right to implement such other terms and conditions at the Auction as the Secured Party, in its sole discretion, determines to be commercially reasonable under the circumstances. Upon request, the Secured Party will request that the Debtors supply a list of the Assets.
For further information regarding the Assets or the Auction, please contact Michael A. Buxbaum, Esq. at 1251 Avenue of the Americas, New York, New York (telephone 646.414.6820; email [email protected]).
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