Public Auction to Sell the Following Property Owned by Medite Cancer Diagnostics, Inc., Medite Enterprise Inc., and Medite Lab Solutions, Inc.
NOTICE OF PUBLIC FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that on July 11, 2019, at 10:00 AM Prevailing Eastern Time (the “Date of Sale”) at the offices of Sullivan & Worcester LLP, 1633 Broadway, New York, NY 10019, GPB Debt Holdings II, LLC, as Collateral Agent, Lender and Secured Party (the “Secured Party”), pursuant to Section 9-610 of the Revised Uniform Commercial Code as enacted in the applicable jurisdiction, will hold a public auction to sell the following property owned by Medite Cancer Diagnostics, Inc., Medite Enterprise Inc., and Medite Lab Solutions, Inc. (collectively, “Medite”) together with other property subject to the Security Agreement dated as of September 26, 2017 (the “Security Agreement”) by and among, inter alia, Medite and the Secured Party (the “Collateral”):
Patents
Patent 9463137 (Appl. 14397447, Pub. 20150122686); Methods, Packaging and Apparatus for Collection of Biological Samples (SoftKit)
Patent 9880156 (Appl. 14774988, Pub. 20160033482); Biological Specimen Evaluation Methods Using Cytology and Immunology (IL -10)
Patent Appl. 15/863,583 (Pub. 20180128834); Biological Specimen Evaluation Methods Using Cytology and Immunology
Other Property
All inventory, equipment, documents, goods, software, contract rights, books, records, know-how, goodwill, common law rights, machine drawings and DFM, and all correspondence, files, records, invoices, papers, tapes, cards, computer runs, programs and, files located at Medite’s offices, and all other personal property, tangible and intangible, in the possession or under the control of Medite, any computer bureau or service company acting for Medite or otherwise, all equity interests (subject to the exclusion set forth below), including, proceeds, products, accessions, rents, profits, income, benefits, substitutions, additions and replacements of and to any of the foregoing, and all rights, claims and benefits against any person relating thereto.
But excluding, any equity interests held by the Medite Entities in Medite GMBH and CytoGlobe GmbH.
The Collateral shall be sold as a whole lot only on an “AS IS – WHERE IS” basis with all faults, and without recourse to the Secured Party. The Secured Party makes no representations or warranties, express or implied, as to the value, condition, merchantability or fitness for use or particular purpose of any of the Collateral or any other representation or warranty with respect to the Collateral whatsoever. The Secured Party does not claim title to the Collateral being sold hereunder and disclaims any warranty of title, possession, quiet enjoyment, and the like in this sale. The Secured Party reserves the right to reject all bids and terminate the sale or adjourn the sale to such other time or times as the Secured Party may deem proper, only by announcement on the Date of Sale, and any subsequent adjournment thereof, without further publication, and impose any other commercially reasonable conditions upon the sale of the Collateral as the Secured Party may deem proper. Additional information regarding the Collateral, the requirements to become a qualified bidder and participate in the sale, together with the full terms and conditions of the sale may be obtained by contacting Amy A. Zuccarello, Esq., counsel to the Secured Party, Sullivan & Worcester LLP, One Post Office Square, Boston, MA 02109, (617) 338-2988 (telephone) or azuccarello@sullivanlaw.com.
