Restaurant and Bar Business for Sale

Auction Sale of substantially all the assets of Buffet Partners, L.P. The Assets are generally comprised of all of the Seller’s right, title and interests in and to all of the properties and assets of every kind and description of the Seller, whether real, personal, mixed, tangible or intangible, and wherever located including the following:

• All inventory as of the Closing Date, including all finished goods, work in process and raw materials;
• All of the rights of the Seller under all Contracts to which the Seller is a party, by which the Seller or any of the Purchased Assets is bound or affected;
• All machinery, equipment, furniture, fixtures, rolling stock and other items of tangible personal property;
• The Real property (“Owned Real Property”) and all rights in respect of the real property (“Leased Real Property”);
• All Intellectual Property;
• All goodwill of the Seller;
• To the extent transferable under applicable Law, all Governmental Authorizations held by the Seller;
• To the extent transferable under applicable Law, all books, records, files and papers, including all advertising materials, client and customer lists, supplier and vendor lists, purchase orders, sales and purchase invoices, production reports, personnel and employment records, and financial and accounting records other than the corporate books and records of the Seller;
• All the assets of the Seller Employee Benefit Plans;
• All of the Seller’s claims, rights, credits, causes of action, defenses and rights of set-off against third parties;
• All cash, cash equivalents, bank deposits, investment accounts, lockboxes, certificates of deposit, marketable securities, bank accounts, corporate credit cards and other similar cash items;
• All notes, accounts receivable and other receivables;
• All insurance policies, binders and claims and rights thereunder and proceeds thereof;
• All deposits and pre-payments made by the Seller;
• All rights to refunds, credits or similar benefits relating to Taxes and other governmental charges of whatever nature for any period, or portion of any period, ending on or prior to the Closing Date;
• All surveys, plans, specifications, engineering studies, marketing studies and similar items with respect to the Business;
• Any and all claims or causes of action, whether filed or not, against the Purchaser or its Affiliates and against the Debtors’ present and former directors, officers, or employees; and
• Any and all claims of the Seller

Company operates 29 restaurants, of which 12 are scatter-bar concepts and 17 are straight-line concepts, in five states throughout the Southwest. All restaurants are Company owned, and all are assets of Buffet Partners, L.P., including Dynamic Foods. Restaurants are supported by Dynamic Foods, a captive, vertically integrated food processing and distribution operation.