The U.S. Bankruptcy Court issued an order approving Implant Sciences’ motion for an order approving and authorizing certain bidding procedures in connection with the sale of substantially all of the Debtors’ assets; approving and authorizing bid protections; scheduling a related auction and hearing to consider approval of the sale and authorizing the sale of such assets free and clear of liens, claims, encumbrances and other interests.
As previously reported, “The motion seeks authorization for the Debtors to pay the Lead Purchaser a fee of $5,000,000 (the ‘Break-Up Fee’) and an expense reimbursement of no more than $2,000,000.” The lead purchaser is L-3 Communications. The Debtors also filed with the Court notice of sale procedures, auction date, objection deadline and a sale hearing. The notice states, “Pursuant to the terms of the Bidding Procedures, the deadline to submit a Qualified Bid, as such term is defined in the Bidding Procedures, will be on December 8, 2016 at 4:00 p.m. (prevailing Eastern Time).”
Court-filed documents continue, “Pursuant to the terms of the Bidding Procedures, the Debtors are authorized to conduct an auction to sell the Assets if they receive one or more Qualified Bids. The Auction, if conducted, will be conducted on December 12, 2016. The Sale Hearing is on December 16, 2016 at 9:30 a.m., with objections due by December 8, 2016.”
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