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Assets of Grocery Store Business

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Listing Information

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Assets of Grocery Store Business



Price: $3,700,000.00


Other Item Info
Item #: debke_180107
Created: 02/02/2020
Category: Business Property > All Assets or Going Concerns > General Retailers
Sale Location: Wilmington, Delaware
Sale Date: Wed. Mar 11, 2020
Seller Info
Christopher A. Ward
Debtor's Attorney
222 Delaware Avenue
Wilmington, DE 19801
302-252-0920
Bankruptcy Info
Case #: 1:20-bk-10166
Case Title: Lucky's Market Parent Company, LLC
Court: Delaware Bankruptcy Court
Chapter: 11
View Case Docket

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Description

Sale of assets of Lucky's Market Parent Company, LLC which includes ten (10) of the Sellers’ stores located in Florida, includes:

  1. The Store Leases, together with (to the extent of Sellers’ interest therein) buildings, fixtures and improvements (collectively, the “Improvements”) located on or attached to such real property, and all rights arising out of the Store Leases, subject only to the Permitted Exceptions and Assumed Liabilities.
  2. All Closing Cash.
  3. To the extent they are assignable, any and all guarantees and warranties (collectively, the “Guarantees”) to the extent they relate to the ownership or operation of the Equipment.
  4. To the extent they are assignable, any and all Contracts and agreements, including Equipment leases, landscape Contracts, maintenance Contracts and security Contracts (whether oral or written) relating exclusively to a Store Property or the operation of the business at a Store Property and listed on Schedule 2.1(C) (collectively, the “Assumed Contracts”).
  5. All furnishings, trade fixtures, machinery and equipment owned by Sellers, without warranty and in as-is condition, located on and used in connection with the operation of the Store Properties, other than any Excluded Equipment to be retained by Sellers (collectively, the “Equipment”).
  6. Subject to Article 6, to the extent assignable or transferable by law and with nominal cost or expense to Sellers, all of Sellers’ interest, without warranty, in all transferable licenses, permits and approvals to the extent they relate solely to a Store Property or the operation of the businesses at the Store Property, including all Liquor Licenses (collectively, the “Permits”).
  7. All merchandise inventory (including private label inventory), supplies (including private label supplies), containers, labels, packaging material, maintenance supplies, food and other similar items, whether in broken or unbroken units, which are located in or held for sale at the Store Properties on the Closing Date (collectively, the “Inventory”).
  8. To the extent transferable, those certain trademarks, trade names, and similar intangibles listed on Schedule 2.1(H) (the “Marks”) including any right to use, or interest in, any of the names or tradenames of Sellers used in connection with the operation of the Store Properties; provided that the Marks shall not include the Excluded Intellectual Property.
  9. To the extent the Marks are transferred, any signs or personal property which contain the name (or trade derivative thereof) or logo of Sellers or their Affiliates, including all uniforms supplied to Sellers’ employees.
  10. To the extent transferable, any software used in any computer equipment included in the Purchased Assets.
  11. Except as otherwise provided in the Stalking Horse Agreement, all books, records, and goodwill associated with the Store Properties.
  12. All customer and end-user data and information related to the Store Properties, including that derived from branded loyalty promotion programs and other similar information related to customer purchases at the Store Properties, in each case, to the extent permitted to be assigned, used, or provided by Seller under applicable Laws.
  13. To the extent assignable or transferable by law and with nominal cost or expense to Sellers, all other assets owned by Sellers located at the Store Properties and that are used primarily in connection with the operation of the businesses at the Store Properties (other than the Excluded Assets).

Sale Location

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222 Delaware Avenue, Suite 1101
Wilmington, DE, 19801

Additional Details

  1. Auction Time: 10:00 A.M
  2. Sale hearing on March 13, 2020
  3. Bid increment: $200,000.00
  4. Initial overbid: $500,000.00
  5. Bid deadline: March 9, 2020
  6. Last date to respond: March 12, 2020


Other Information

Terms and Conditions:

See Attached.


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