The Secured Party is conducting the Public Sale to foreclose the lien and security interest held by the Secured Party in and to the Public Sale Collateral only but Secured Party’s lien and security interest on the remainder of Borrower’s personal property, including any inventory that is not part of this Public Sale, shall remain. At the Public Sale, all of Borrower’s right, title and interest in and to the Public Sale Collateral will be sold “as is” and “where is” and the Secured Party shall make no representation or warranty, either express or implied, relating to title, use, quiet enjoyment, possession, merchantability or fitness for a particular purpose, completeness, condition or the like, all of which are hereby disclaimed, in the sale or disposition of the Public Sale Collateral. The Public Sale of the Public Sale Collateral, if made, shall be to the bidder with the highest and best offer.

The Public Sale Collateral consists of all of the Debtor’s assets (whether tangible, intangible, personal or mixed), whether now owned or hereafter acquired and wherever located, including, without limitation, all accounts, proceeds of leases, cash, inventory, supplies, furniture, fixtures, equipment, deposits and other accounts, security deposits, third party deposits, money, equity interests or capital stock in subsidiaries, investment property, instruments, chattel paper, contracts, patents, copyrights, trademarks and other general intangibles, commercial litigation claims, commercial tort claims, farm products, deposit accounts, documents, the proceeds of all claims or causes of action, and all rents, products, offspring, profits, supporting obligations, and proceeds of any and all of the foregoing.

In order to participate in the bidding process, each person or entity (a “Potential Bidder”) must deliver to the undersigned (i) an executed confidentiality agreement in form and substance acceptable to Secured Party, (ii) current financial statements of the Potential Bidder or other evidence acceptable to Secured Party that will show the financial ability of the Potential Bidder to purchase the Public Sale Collateral and such other information as the Secured Party shall require to show proof of the Potential Bidder’s ability to execute the closing the Public Sale, (iii) a completed and executed Asset Purchase Agreement in the form provided by Secured Party, and (iv) a deposit in an amount equal to ten percent of the bid amount which will be held in escrow by Secured Party. A Potential Bidder that complies with the foregoing requirements shall be deemed a “Qualified Bidder”. Those Qualified Bidders participating at the Public Sale shall be provided with the telephone number and passcode to attend the Public Sale and shall be given the opportunity to bid on a competitive basis.

At the Public Sale, the Public Sale Collateral may be offered for sale in separate lots and will be offered as a single lot. At the conclusion of the Public Sale, the successful bidder(s) must pay the final bid amount in full by a wire transfer of funds to the Secured Party. The Secured Party reserves the right to credit bid on any or all of the Public Sale Collateral at the Public Sale. The Secured Party reserves the right to reject all bids, adjourn or cancel the Public Sale.

For further details regarding the Public Sale Collateral, obtaining the confidentiality agreement and the form asset purchase agreement, and information regarding the Public Sale, including a detailed listing of the Inventory being sold, you may contact Chad Friedman Esq. by email at [email protected] or by telephone at (917) 447-7712.

Media Contact

Chad Friedman, Vision Capital Group, 1 (917) 447-7712, [email protected]

SOURCE Vision Capital Group



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