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Assets of Colorado Pet Food Business

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Assets of Colorado Pet Food Business



Price: Not Specified

Other Item Info
Item #: cobke_465660
Created: 12/29/2017
Category: Business Property > All Assets or Going Concerns > Food Producers
Sale Location: Louisville, Colorado
Sale Date: Fri. Jan 26, 2018
Seller Info
Joli A. Lofstedt
Debtor's Attorney
950 Spruce St. Ste. 1C
Louisville, CO 80027
303-661-9292
Bankruptcy Info
Case #: 1:17-bk-19898
Case Title: Wild Calling Pet Food, LLC
Court: Colorado Bankruptcy Court
Chapter: 11
View Case Docket

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Description

Sale of substantially all of assets of the Wild Calling Pet Food, LLC., include all right, title and interest of Seller’s in, to or under the following assets and properties:

  • All inventory relating to Seller’s pet food business, including e.g. all dry food, wet food, labels, bags, cans, point of sale materials, trade show booths, and other items of a similar nature;
  • All intellectual property relating to the Seller’s pet food business including, e.g.: (i) all trademarks, service marks, trade names, brand names, logos, identifying symbols, internet domain names, emblems, signs or insignia, and the goodwill associated with any of the foregoing (collectively, “Marks”); (ii) all discoveries, concepts, ideas, research and development, know-how, formulae, inventions (patentable or unpatentable), compositions, manufacturing and production processes and techniques, technical data, procedures, designs, and any other proprietary rights and confidential nature relating thereto (collectively, “Trade Secrets”); (iii) all patents and copyrights, and (iv) in the case of each of the foregoing, all copies and tangible embodiments thereof (in whatever form or medium);
  • All documents relating to the Seller’s intellectual property;
  • All of Seller’s rights (but not obligations) under any assignment of rights agreements, employee invention agreements, and employee nondisclosure or confidentiality agreements (or similar agreements), and under any non-compete and non-solicitation agreements with employees and agents of Debtor or with Debtor, in each case to the extent relating to any asset to be purchased by Stalking Horse Bidder;
  • All of Seller’s rights under any warranties or guaranties made by suppliers;
  • All Assigned Contracts (as defined below); and
  • All of Seller’s rights, claims or causes of action relating to any Purchased Assets or any Assumed Liabilities.

Sale Location

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950 Spruce St., Ste. 1C
Louisville, CO, 80027

Additional Details

  1. Auction Time: 10:00 a.m.
  2. Purchase Price consisting of: Equals the amount of the Assumed Liabilities plus $25,000 in cash. Assumed Liabilities except for the following liabilities (the “Assumed Liabilities”), all other liabilities shall be “Excluded Liabilities” and the Successful Bidder will not be deemed to have assumed or agreed to be responsible for any of the Excluded Liabilities, whether or not arising out of the ownership or operation of the Purchased Assets: (a) The liabilities owed by Debtor to TCJ I, LLC (“TCJ”) estimated to be approximately $507,000 as of November 30, 2017, provided however, that Stalking Horse Bidder’s assumed liability to TCJ shall be reduced to reflect amounts applied or to be applied to the assumed liability from the sale of any pet food product and other inventory located at the\ Greeley warehouse previously leased by Debtor (“Greeley Inventory”) and/or any pet food product produced by Simmons Pet Foods (“Simmons”) on behalf of Debtor which pet food product has not been purchased from Simmons and which is located at Simmons’ facility (“Simmons Inventory”) through the Closing Date pursuant to the Stipulation between Debtor and Secured Creditor TCJ I, LLC providing Relief from Automatic Stay and Authorizing TCJ a Temporary License to Use Debtor’s Trademarks (the “TCJ Agreement”). The assumed liability to TCJ shall be further reduced by the proceeds received by TCJ from the sale of the Equipment (as defined in the TCJ Agreement) or if not sold, the value of such Equipment; (b) The liabilities owed by Debtor to Super G Funding, LLC (“Super G”) estimated to be approximately $268,607 as of December 27, 2017; provided however, that Stalking Horse Bidder’s assumed liability to Super G shall be reduced by any amounts actually received by Super G from any other source that reduces Debtor’s debt to Super G; (c) Any additional amounts accruing on Debtor’s outstanding debts to TCJ and/or Super G through the Closing Date, including reasonable attorneys’ fees; and (d) All Cure Costs related to the Assigned Contracts.
  3. Bid Amount: Must be at least $100,000 higher than the sale price
  4. Bid Deposit: $10,000
  5. Bid Deadline: January 25, 2018


Other Information

Terms and Conditions:

See Attached.


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