The Assets will be sold pursuant to Article 9 of the Michigan Uniform Commercial Code. The secured creditor has not and will not be deemed to have made (whether by virtue of having sold the Assets, or having acquired possession of the Assets, or having
done or failed to do any act, or having acquired or failed to acquire any status), and the secured lender specifically disclaims, any representation or warranty, of any kind or nature, express or implied, as to the title, condition, design, operation,
merchantability, freedom from claims for infringement or the like, or fitness for use for a particular purpose, of the Assets, or as to the fitness or saleability of the Assets, the absence therefrom of latent or other defects, whether or not discoverable,
or as to any other representation or warranty whatsoever, express or implied (including any implied warranty arising from a course of performance or dealing or usage of trade), with respect to the Assets. The Assets are to be sold “AS IS, WHERE
IS,” “WITH ALL FAULTS,” and “WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR OR OTHER PURPOSE,” and subject to taxes,
special assessments and liens that have been levied or assessed, and/or are unpaid or unsatisfied (none of which will be paid by the secured lender). The Assets are being sold without recourse to the secured lender, its attorneys or representatives.
The secured lender does not claim title to the Assets being sold and disclaims any warranty of title, possession, quiet enjoyment and the like in the sale. All of the Assets will be sold at the sale, and may be sold in lots or as part of a complete
package.
Access to an online data room with diligence information regarding the Assets will be provided to interested parties upon request. For more information about the Assets or sale process, please contact Hilco Streambank.