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Subject to the US Bankruptcy Court Approval, Assets of
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Cyto Pulse Sciences, Inc.
Hilco Industrial Webcast / Onsite Auction
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| Medical Device & Treatment Development Company |
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Featuring
Bulk and Piecemeal Offerings of the Machinery and Equipment and General Intangibles.
Machinery and equipment including complete late model medical and biotech.
- Research and laboratory assets including sterilizers, mixers, centrifuges.
- Commercial freezers
- Ultra modern furnishings
Bulk offerings of Licenses, Patents and Trademarks associated with the business units listed below:
- Hybrimune
- CytoLVT-S
- CytoLVT-P
- OncoVet
- Easy Vax
- Derma Vax
Regarding Intellectual Property...
Parties interested in purchasing intellectual properties, in bulk or individually, will be required to complete a non-disclosure agreement.
Please download the agreement, print, complete, sign and return to Brent Bonham via fax at 847.897.0873 or via email at bbonham@hilcoind.com.
Upon submission of this agreement, interested parties will be provided access to secure files with complete descriptions and information regarding the intellectual property available at auction. Hilco makes no representations or warranties as to the validity or accuracy of the information contained therein.
CytoPulse Intellectual Property Assignment Documents:
Patent Assignment | Trademark Assignment |
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Sale Information
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Hilco Industrial Webcast / Onsite Auction
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Tuesday, August 24, 2010 beginning at 10:00 AM ET
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Sale Location
810 Cromwell Park Dr.
Suite T
Glen Burnie
MD 21061
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Get Directions
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Preview Information
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Add this event to your Outlook calendar
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Monday, August 23, 2010
9:00 AM - 5:00 PM ET
Contact Ron Packer at 616-540-3622 or rpacker11@gmail.com for preview or removal information.
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Contact Information
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Removal Information
- Removal deadline is Friday, September 3, 2010.
- Standard removal times 8:00 AM - 4:00 PM Monday through Friday.
- There will be no removal of assets from the facility before August 27, 2010.
- Contact Ron Packer at 616-540-3622 or rpacker11@gmail.com for removal information.
- No items released until payment is received in full (including sales tax if applicable).
- Buyers are responsible for removing all purchased lots from site by deadline. Buyers with items left on site after deadline are subject to fines of $500 per day.
- A buyer release form must be completed and supplied to Hilco personnel if someone other than the registered bidder is picking up auction purchases. They can be turned into Hilco personnel on site or faxed into the corporate office at 248-254-9995.
Rigging/machinery moving companies offering services at this site include:
Navis Pack & Ship of Baltimore, MD
Contact: George Mackertich
1587 Sulphur Spring Road, Suite 107
Baltimore, Maryland, 21227
Voice: 410-737-8020
Fax: 410-737-8121
Click here to see a list of service providers generally available for all sales.
If you are a rigger, packing or shipping company who interested in providing services to our buyers, please click here for further information.
* Please note: Hilco Industrial is not affiliated with any machinery rigging, transport or export company The above information is provided solely as a courtesy to our buyers, . Hilco does not endorse or guarantee the services of any machinery rigging, transport or export company, and cannot be held responsible for any damage or other problems incurred as a result of the actions of said companies. We encourage buyers to employ the service provider of their choice, provided they can furnish Hilco Industrial with the required insurance certificates.
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Additional Information
Sale offered in partnership with
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Sale Specific Terms
- BY REGISTERING FOR ANY EVENT YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ANY AND ALL TERMS AND CONDITIONS OF THE SALE, INCLUDING OUR STANDARD TERMS AND CONDITIONS, SALES TAX RULES FOR THAT PARTICULAR EVENT, REMOVAL RESTRICTIONS, AND THOSE ANNOUNCED BY THE AUCTIONEER AT THE TIME OF A LIVE EVENT.
- Title to the assets shall transfer upon (1) receipt of payment in full and (2) entry of an order approving the trustee’s motion for order authorizing and approving trustee’s sale of the debtors assets free and clear of all liens, claims, and encumbrances. Purchasers are required to transfer final payment within 48 hours of entry of order approving sale, otherwise Trustee reserves the right to cancel such sale. There will be no removal of assets from the facility before 8/27/2010.
- A deposit of $250,000 will be required in order to bid on the bulk offerings.
Deposits can be made:
- (I) Via wire transfer in advance of the sale (wire transfer information below)
- (II) Via certified check in advance of the sale (payable and mailed as outlined below)
- (III) Via certified check upon auction registration at sale site
Deposit Information:
| Wire Transfer Information: |
Certified Check Information: |
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Receiving Bank: The Bank of New York Mellon
500 Ross Street
Pittsburgh, PA 15222
ABA Routing Number for Domestic Wires: 043000261
Swift Code for International Wires: MELNUS3P
Account Number to receive incoming funds: Acct # 9200-66600571-65
Case Number: 10-24689
Case Name: Cyto Pulse Sciences, Inc.
Name on Receiving Account: Cyto Pulse Sciences, Inc.
Customer Name, Trustee #: Brian A. Goldman, Trustee 400010
Customer Phone: 410-547-1400
Reference: BMS Banking Program 900-0701 (VERY important)
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Checks payable to: “Brian A. Goldman, Trustee"
Mailing address for deposit checks:
Evan M. Goldman, Esquire
Goldman & Goldman, P.A.
36 South Charles Street, Suite 2401
Baltimore, Maryland 21201
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If you have any questions regarding deposit, please contact
Steve Kuzma at 616-732-1800 ex. 20 or skuzma@hilcoind.com. |
- Sale is subject to buyer's premium as follows:
- 10% in the event of an aggregate offering (bulk Bid) being accepted;
- 15 % in the event the sale becomes a traditional piecemeal offering.
- Successful bidders will be provided with payment instruction on their invoices.
- All webcast bidders residing outside of the United States or Canada are required to submit via wire transfer a qualifying deposit of 25% of their total expected purchases. Deposit must be received and confirmed prior to start of auction, and can take up to 72 hours to clear. Please register at least 3 business days prior to sale to allow sufficient time to process deposit.
- Buyer responsible for payment of 6% Maryland sales tax. Sales Tax Rules and Exemption Information
- Goods will not be released until payment in full is received and bank wires have cleared.
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Sale Standard Terms
These terms apply to all auctions unless otherwise specifically stated. Any exceptions to the following terms will be posted above in the Sale Specific Terms section.
- EVERY ITEM SOLD "AS IS".
- NO GUARANTEES OR WARRANTIES WHATSOEVER.
- PLEASE INSPECT THE ITEMS BEFORE BIDDING.
- ALL SALES ARE FINAL - NO EXCEPTIONS.
- ALL SALES ARE SUBJECT TO A BUYER'S PREMIUM, THE RATE OF WHICH WILL VARY SALE TO SALE.
Subject to amendments and modifications announced by the Auctioneer at the time of the auction. Any person participating in the auction shall be bound by the following terms and conditions:
- Upon registration, Hilco Industrial, LLC ("Auctioneers") grants to the registered party ("Bidder"), the right to use Hilcast™ Webcast Bidding for the purpose of bidding at an auction sale to be conducted by Auctioneers. Such right is granted at the Auctioneers sole discretion and may be revoked at any time. Only one (1) Bidder per paddle number is allowed. The party whose information was provided at the time of registration is responsible for all purchases under that Bidder paddle number. Auctioneer reserves the right to refuse issuing a paddle number.
- Webcast bidders are required to provide a valid MasterCard or Visa in order to be approved to bid. This card will not be charged unless buyer fails to make other payment arrangements within of 48 hours of receiving invoice.
- All Bidders are required to provide accurate and complete personal information and the Bidder hereby further agrees that whether he is acting as a principal, an agent, or an officer or director of a corporation, or otherwise in any capacity whatsoever, the Bidder is personally liable for the payment of the purchase price, buyers premium and taxes payable with respect to any and all lot or lots for which the Bidder is the successful Bidder at the auction.
- BUYERS PREMIUM: A Buyer's Premium will be in effect for this sale, unless specifically stated otherwise in the Sale Specific Terms. Please see Sale Specific Terms for amount of BP or for any exceptions.
- ALL PURCHASES MUST BE PAID IN FULL UPON RECEIPT OF INVOICE. Invoices will be e-mailed within 24 hours of auction closing. All payments must be made by Cashier's Check, Wire Transfer or Company Check with Bank Letter of Guarantee. Checks must be made payable to Hilco Industrial LLC. The Auctioneer reserves the right to put articles back up for auction if deposit is not received at or before the time of sale.
- Absolutely no items will be removed before the conclusion of the sale and payment is made in full. All purchases must be paid for in advance of the goods being released. No goods will be released without presentation of the invoice marked "Paid in Full."
- Taxes arising on a sale, including applicable state sales taxes, shall be paid to the Auctioneer at the time of sale. Purchasers claiming exemptions from taxes must provide proof satisfactory to the Auctioneer of their entitlement to claim such exemption. In the absence of proof satisfactory to the Auctioneer, taxes shall be paid by the Purchaser.
- All articles will be sold conforming to the bid process, provided that the Auctioneer reserves the right to sell articles by individual group lots and "EN BLOC", as he deems appropriate. The Auctioneer reserves the right to sell on behalf of third parties, its own account or on the account of others, and may reject any and all bids. Should any dispute arise between two or more bidders or as to any bid, the lot in question may, at the Auctioneer's discretion, be immediately put up again and resold. The Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders.
- Any disputes as to bidding shall be settled by the Auctioneer at its sole discretion and the Auctioneer may, at its discretion, put any lot in dispute up for sale again. The Auctioneer is to regulate the bidding and be the sole arbiter. No Bidder may retract his bid.
- All sales are final, on an "As Is", "In Place", "With All Faults" basis with no conditions or warranties whether expressed, implied, statutory or otherwise, including without limitation, warranties or conditions as to title, description, fitness for purpose, quantity, quality, merchantability, state, condition, location or otherwise. Please inspect all items before bidding. Preview and inspection dates will be published online at www.hilcoind.com/sales. All advertising, lot catalogs, or any other source of information provided by Auctioneer is subject to additions, deletions and prior sale. No sale shall be invalidated and the Auctioneer shall have no liability for a misdescription of any article or lot whether contained in a catalog, advertisement or otherwise. Descriptions have been prepared for guide purposes only and shall not be relied upon by the Purchaser for accuracy or completeness. Purchasers shall be deemed to have relied entirely upon their own inspections and investigations.
- While Hilco endeavors to ensure that the Websites are normally available 24 hours a day, Hilco shall not be liable if for any reason the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Hilco 's control. Hilco reserves the right to relist or adjust bidding periods on any auction due to system malfunction.
- There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect of the Lots offered at the auction. Each and every Lot will be sold “As Is." Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the Lots:
- (a) conform to any standard in respect of safety, pollution or hazardous material or to any standard or requirement of any applicable authority, law or regulation, or
- (b) are fit for any particular purpose, or
- (c) are merchantable or financeable, or
- (d) are of any particular age, year of manufacture, model, make or condition.
- Bidder agrees he has satisfied himself and is not relying on Auctioneers, nor are Auctioneers liable, for any matter in respect of the above. Bidder further agrees to repair, at his cost, any lot purchased at the auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the lot may be put.
- All articles purchased shall be removed within the time frame specified by the Auctioneer (providing payment has been received by Auctioneer). The Purchaser shall be responsible for all costs of removal and shall be liable for any damage, including without limitation, any environmental damage, caused during or as a result of the removal.
- Purchasers shall comply with all environmental laws and regulations and all requirements established by the Auctioneer for the removal of articles, including requirements as to bonding of independent contractors. All independent contractors must provide the Auctioneer, Owner and Landlord certificates of liability and worker's compensation insurance in amounts acceptable to the above parties. The Auctioneer has sole discretion to refuse any independent contractor from working on the premises.
- Where available, documents of transfer, including motor vehicle ownership documents, which are in the possession of the Auctioneer, will be provided to the Purchaser within seven days following the auction or as soon thereafter as such documents are available.
- The Bidder grants to the Auctioneers a security interest in the Purchases, to secure payment of the purchase price. In the event of non-payment, the Auctioneers may proceed to file the Bidder Registration Agreement as to perfect the security interest granted by this Security Agreement.
- If the Auctioneer is unable to deliver an article sold to a Purchaser due to fire, theft or any other reason whatsoever, the Auctioneer shall reimburse the Purchaser for all monies paid to the Auctioneer in respect of the article and the Auctioneer shall have no further liability to the Purchaser arising from or relating to such loss, including without limitation, any damages for loss of profits, travel time, expenses, or lost time.
- The Auctioneer reserves the right to refuse any applicant the privilege of bidding or attending at the auction and may revoke such privilege at any time.
- Time shall be of the essence. If a Purchaser fails to make payment or remove goods within the time periods hereinabove provided, the Auctioneer may resell the articles purchased by auction, private contract or otherwise, as the Auctioneer in his discretion deems advisable, and the Purchaser shall be liable for the short fall and all costs and expenses, including but not limited to interest rate (a minimum of 1.5% per month or 18% per annum), legal fees, moving and storage (a minimum rate of $2.00/sq. ft. per month) and commissions, incurred in such resale.
- Bidder acknowledges that an auction site is a potentially dangerous place with noxious, corrosive and pressurized substances being present, heavy equipment being operated and electric circuits being live. Every person at the auction site before, during and after the auction sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties and the Bidder shall so advise his agents and employees. No person shall have any claim against the Auctioneers, their agents, employees or principals for any injuries sustained nor for damages to or loss of property which may occur from any cause whatsoever.
- Bidder acknowledges he has received, read, and understands these Terms 1 through 21 above and agrees to comply with and be bound by such.
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