This is a public record generated listing.

Assets of Restaurant Business

Please note that this listing has expired. To view active listings, please subscribe to one of our plans.
Add to Dashboard

Listing Information

Attachments

Assets of Restaurant Business



Price: $35,000,000.00


Other Item Info
Item #: debke_177491
Created: 08/05/2019
Category: Business Property > All Assets or Going Concerns > Restaurants
Sale Location: Washington,
Sale Date: Thu. Sep 12, 2019
Seller Info
Brett Michael Haywood
Debtor's Attorney
920 North King Street P.O. Box 551
Wilmington, DE 19899
302-651-7700
Bankruptcy Info
Case #: 1:19-bk-11743
Case Title: Perkins & Marie Callender's, LLC
Court: Delaware Bankruptcy Court
Chapter: 11
View Case Docket

See More Documents

Description

Sale of all assets of Perkins & Marie Callender's, LLC which includes:

  1. all Inventory;
  2. all Equipment, whether owned or leased;
  3. subject to Section 2.5(c) of the Prepetition Stalking Horse Agreement, all Assigned Contracts;
  4. all (i) Owned Real Property and (ii) Leased Real Property (and any such agreement and rights related thereto or under such Lease to the extent that such Lease is an Assigned Contract), in each case, together with all interests (if any) of the Sellers in and to all Improvements located thereon or attached thereto, and other appurtenances thereto, and rights in respect thereof;
  5. subject to Section 2.5(c) of the Prepetition Stalking Horse Agreement, the Transferred Permits;
  6. all Intellectual Property;
  7. all Pre-Paid Expenses related to the Business;
  8. all goodwill, customer and referral relationships, other intangible property and all privileges, set-offs, indemnification rights, causes of action, actions, Claims and demands and rights of any kind as against others (whether by contract or otherwise) relating to, arising from or associated with the Assumed Liabilities or the Business;
  9. to the extent permitted by Legal Requirements, all Documents and other books and records (financial, accounting, personnel files and other), and correspondence, and all customer sales, marketing, advertising, packaging and promotional materials, files, data, proprietary software (whether written, recorded or stored on disk, film, tape or other media, and including all computerized data), drawings, engineering and manufacturing data and other technical information and data, and all other business and other records, in each case, arising under or relating to the Assumed Liabilities or the Business;
  10. all rights, remedies and benefits of Sellers arising under or relating to any of the Assumed Liabilities or the Business, including rights, remedies and benefits arising out of express or implied warranties, representations and guarantees from suppliers, manufacturers, contractors or others to the extent relating to the operation of the Business or affecting the Inventory, Equipment, Real Property, or other tangible Acquired Assets described in Sections 1.1(a), 1.1(b), 1.1(c), 1.1(d), and 1.1(f) of the Prepetition Stalking Horse Agreement (and in any case, any component thereof), and all claims and causes of action arising or existing therefrom;
  11. all Avoidance Actions against any person or entity (including trade vendors, suppliers, employees, or customers) (i) who is a party to an Assigned Contract or with respect to whom an Assumed Liability is owed or (ii) with whom Buyer or Buyer Designee (or any of their Affiliates) otherwise continues to do business following the Closing (as disclosed by Buyer to Sellers at least two (2) Business Days prior to the Closing;
  12. all telephone, telex and telephone facsimile numbers and other directory listings, in each case, to the extent (i) transferrable and (ii) either (A) primarily used in, held for use in, or necessary for the operation of the Business or (B) set forth on Schedule 2.1(l) of the Prepetition Stalking Horse Agreement;
  13. all Corporate Assets;
  14. all assets, if any, listed on Schedule 1.1(n) of the Prepetition Stalking Horse Agreement (regardless of whether such assets are covered by any of the foregoing);
  15. all Petty Cash;
  16. with respect to any Buyer Benefit Plan (I) that is funded by a trust (other than a so-called “rabbi trust”), the assets of such related trust; (ii) that is funded by an insurance policy, the related insurance policy (to the extent transferable); and (iii) to the extent applicable and subject to conformity with Legal Requirements, the administrative service agreements and other contracts, files and records in respect thereof; (q) any Employee personnel files or records, to the extent such personnel files or records relate to the employment of the Buyer Employees and the delivery of such files or records to Buyer is not prohibited by applicable Legal Requirements;
  17. all Business Software;
  18. all rights and interests of any Seller in the names “Perkins,” including any derivatives thereof, together with all goodwill associated therewith and all rights to sue for and receive damages or other relief in respect of any past infringement or other violation of any rights thereto; and
  19. all Accounts Receivable.

Sale Location

Javascript is required to view this map.
2001 K Street N.W.
Washington, , 20006

Additional Details

  1. Auction Time: 10:00 A.M
  2. Sale hearing on September 19, 2019
  3. Bid increment: $250,000.00
  4. Bid deposit: ten percent (10%) of the purchase price
  5. Bid deadline: September 10, 2019
  6. Last date to respond: September 17, 2019


Other Information

Terms and Conditions:

See Attached.


Subscribe to our free newsletters

* indicates required
Send me information about...
Choose the CaseFolder where you want to see this Deal, or create a new CaseFolder Lite.