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Assets of Health Spa Business

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Listing Information

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Assets of Health Spa Business



Price: $5,175,000.00


Other Item Info
Item #: miebke_907049
Created: 03/19/2019
Category: Business Property > All Assets or Going Concerns > Travel & Leisure
Sale Location: Troy, Michigan
Sale Date: Wed. May 8, 2019
Seller Info
Scott A. Wolfson
Debtor's Attorney
3150 LivernoisSuite 275
Troy, MI 48083
(248) 247-7103
Bankruptcy Info
Case #: 2:19-bk-42510
Case Title: Body Contour Ventures, LLC
Court: Michigan Eastern Bankruptcy Court
Chapter: 11
View Case Docket

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Description

Sale of assets of Body Contour Ventures, LLC which includes:

  1. All tangible personal property, leasehold improvements, installations, fixtures, trade fixtures, equipment, fittings, furniture, furnishings, inventory, office equipment and supplies (collectively, “Tangible Property”) located and used at each Location, excluding tangible personal property included in the Excluded Assets (defined below);
  2. All right, title and interest of the Sellers and their bankruptcy estates in the real property leases (the “Real Property Leases”) and the personal property leases (the “Personal Property Leases”)1 described in Schedule 1.1(b), as well as all right, title and interest of the Sellers and their bankruptcy estates in the property that is the subject of the Personal Property Leases;
  3. All computers, computer equipment, computer hardware/software, servers, fiber optic lines, copiers, security systems, machines, keys, codes and all other equipment used in the Sellers’ Locations and listed on Schedule 1.1(c);
  4. All telephone numbers registered to the Sellers; e-mail addresses, domain names, fax numbers, websites provided however, that the Buyer acknowledges that the Sellers will utilize the telephone numbers in the ordinary course of business prior to the Closing Date;
  5. All of Seller’s Intellectual Property and all rights to any Intellectual Property of any other person licensed to the Sellers pursuant to any Assumed Contract including names, domain names, trademarks, registrations, websites, assumed names, logos, masks, copyrights, and patents;
  6. All Assumed Contracts and all rights of the Sellers under the Assumed Contracts, including without limitation, any right to any accounts receivable related to or arising from any of the Assumed Contracts;
  7. All express or implied guarantees, warranties, representations, covenants, indemnities, rights, claims, counterclaims, defenses, credits, causes of action or rights of set off against third parties relating to the Acquired Assets (including, for the avoidance of doubt, those arising under, or otherwise relating to the Assumed Contracts) or Assumed Liabilities, including without limitation, rights under vendors’ and manufacturers’ warranties, indemnities, and Guaranties;
  8. To the extent transferrable under applicable Law or with the Consent of any third party, if necessary, which Consent has been obtained, all Licenses and Permits, certifications and approvals from all permitting, licensing, accrediting and certifying agencies, all pending applications for any of the foregoing, and the rights to all data and records held by such permitting, licensing and certifying agencies;
  9. All goodwill of the Business as a going concern and all other intangible properties of the Business;
  10. All documents consisting of purchasing and sales records, accounting records, business plans, budgets, cost and pricing information, customer and vendor lists, client records wherever located related to the Business, other than those documents that are Excluded Assets;
  11. All personnel files for Transferred Employees except as required under Law; provided, however, that the Sellers have the right to retain copies at their expense to the extent required by Law;
  12. All prepaid expenses relating to the Acquired Assets;
  13. Any rights, claims or causes of action of the Sellers, except for those identified as, related to, or arising under, Excluded Assets;
  14. All customer contracts for services for which performance is due or to become due by the Sellers at any location of the Sellers that is operating as of the date of Closing;
  15. Any claim, right or interest of Sellers in or to any refund, or rebate relating to the Acquired Assets; and
  16. All insurance claims or proceeds arising out of or related to the damage, destruction, or loss of any Acquired Asset to the extent any damage, destruction or loss remains unrepaired or not replaced at the Closing.

Sale Location

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3150 Livernois, Ste. 275
Troy, MI, 48083

Additional Details

  1. Auction Time: 10:00 A.M
  2. Bid increment: $50,000.00
  3. Bid deadline: April 30, 2019
  4. Last date to respond: May 10, 2019


Other Information

Terms and Conditions:

See Attached.


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