NOTICE IS HEREBY GIVEN THAT PURSUANT TO AUTHORITY UNDER ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE, EMERALD LANE II KVB, LLC, a Delaware limited liability company with an address at 110 West Elm Street, Tipp City, Ohio 45371-1699 (“Secured Party”), will sell at public auction to the highest qualified bidder (“Qualified Bidder”) on Monday, April 16, 2012 at 10:00 a.m. (EDT) at the offices of Kavinoky Cook LLP, attorneys for the Secured Party, located at 726 Exchange Street, Suite 800, Buffalo, New York 14210 (“Auctioneer”), certain assets of K. Van Bourgondien & Sons, Inc., a New York corporation, with an address at 245 Route 109, Babylon, New York 11702 (“Debtor”) consisting of intellectual property, other intangible assets and rights consisting of registered and unregistered trademarks and related applications and/or registrations (“Collateral”). The sale is held to satisfy, in part, certain indebtedness of Debtor and others to Secured Party arising under a certain Revolving Note dated May 11, 2004, as secured by a Credit and Security Agreement dated May 11, 2004, as amended.
The sale will be a public sale conducted by Auctioneer at which the Collateral will be sold without any covenant or warranty of any kind whatsoever, relating to title, possession, quiet enjoyment, or the like, whether express or implied. To participate Qualified Bidders, as further defined in the Auction Rules and Procedures, must attend in person and pre-register between 9:00 a.m. and 9:45 a.m. (EDT) on the day of the auction at the auction location and must tender to the Auctioneer a minimum bid deposit in the amount of Fifty Thousand U.S. Dollars ($50,000) by cashier’s check payable to the order of Kavinoky Cook LLP. All bids will be on an open out-cry basis, with minimum bid increments of Five Thousand U.S. Dollars ($5,000). Secured Party is deemed to be a Qualified Bidder and reserves the right to credit bid up to the full amount of the secured debt and may combine credit bid with cash and is not required to post the minimum bid deposit. The successful bidder will be required to deliver the balance of the winning bid by wire transfer of immediately available U.S. funds by 12:00 p.m. (EDT) on April 17, 2012. SECURED PARTY RESERVES THE RIGHT TO POSTPONE OR DELAY THE AUCTION BY PUBLIC DECLARATION AT THE CURRENTLY SCHEDULED LOCATION AND TIME FOR THE AUCTION. The liability of Auctioneer and Secured Party shall be limited solely to the return of a Qualified Bidder’s minimum bid deposit.
Full and complete portable document format (pdf) copies of the Auction Rules and Procedures and a description of the Collateral can be reviewed and downloaded at the Internet website address of Jager Smith P.C., at www.jagersmith.com.
For more information regarding this sale, you may contact David A. LoTempio, Esq., at (716) 845-6000 or dlotempio@kavinokycook.com.
