Free PDF - Michigan

United States Bankruptcy Court Eastern District Of Michigan

In re: Case No. _____________ Chapter __ Debtor. ____________________________/

Cover Sheet for Motion to Approve Sale Procedures The debtor has filed a motion for approval of procedures for the sale of assets, which is attached to this cover sheet. Pursuant to E.D. Mich. LBR 6004-1, the debtor has identified below, by page and paragraph number, the location in the proposed order accompanying the motion of each of the following provisions:

PROVISION

(1) Provisions concerning the qualifications of the bidding parties.

Contained in proposed order Yes No

Location in proposed order Page __, ¶ __

(2) Provisions concerning the criteria for a qualifying bid and any deadlines for (i) submitting such a bid, and (ii) notification of whether the bid made constitutes a qualifying bid. (3) Provisions that require qualified bids to identify points of variation from the stalking horse bid (including price and other terms).

Yes No Yes

Page __, ¶ __

Page __, ¶ __ No

(4) Provisions pertaining to the conditions to the qualified bidders' obligation to consummate the purchase (including the time period within which the purchaser must close the transaction). (5) Provisions pertaining to the amount required for a good faith deposit. (6) Provisions that relate to a "Back-Up Buyer" should the first winning bidder fail to close the transaction within a specified period of time. (7) No-shop or No-Solicitation provisions including the justification for such provision. (8) Provisions relating to Break-Up fees, Topping fees, and/or Expense Reimbursement (including the waiver of such fees due to rebidding). (9) Provisions specifying the bidding increments.

Yes Page __, ¶ __ No Yes Page __, ¶ __ No Yes No Yes Page __, ¶ __ No Yes Page __, ¶ __ No Yes Page ___, ¶ ___ No Page __, ¶ __

(10) Provisions relating to auction procedures including manner in which auction is to be conducted and when the auction will be open and when it will close. (11) Provisions relating to whether the auction will occur and the termination of the auction process and/or sale. (12) Provision whether 10 day stay F.R.Bankr.P. 6004(g) and 6006(d) is waived. of

Yes Page ___, ¶ ___ No Yes Page ___, ¶ ___ No Yes Page ___, ¶ ___ No

(13) Provisions regarding timing for notice, submission of bids, objections to sale and other key events.

Yes Page ___, ¶ ___ No

Date: ______________

_________________________________ [Debtor's counsel]