Legal Notices

NOTICE OF SECURED PARTY PUBLIC SALE OF PERSONAL PROPERTY Notice is hereby given by MIDCAP FUNDING XVII TRUST, a Delaware statutory trust, as successor and assignee of GemCap Lending I, LLC, a Delaware limited liability company (the “Secured Party”), that pursuant to Sections 9-610 and 9-611 of the Uniform Commercial Code, a secured party public sale to the highest and best bidder for cash, with reserve, will be conducted telephonically by the Secured Party on November 15, 2022 at 1:00 p.m. Eastern Standard Time (the “Public Sale”). Qualified Bidders (defined below) may attend the Public Sale via Zoom. The Secured Party has a first priority perfected lien and security interest in and to all of the personal property assets of STELLA NATURAL RESOURCES INC., a Delaware corporation, SNR RAILOPS LLC, a Kentucky limited liability company, SNR RIVER OPS LLC, a Kentucky limited liability company, SNR INDUSTRIAL PROPERTIES LLC, a Kentucky limited liability company, SNR LOGAN LLC, a West Virginia limited liability company, SNR STONECOAL LLC, a West Virginia limited liability company, and AMERICAN COAL TERMINAL, INC., a Delaware corporation (collectively, the “Borrower”). The Secured Party’s collateral subject to the Public Sale will be limited to (a) coal inventory (does not include any equipment, fixtures, furniture or other property of any type) owned by the Borrower located at (i) Lockwood River Dock on the Big Sandy River, 15992 US 23 Catlettsburg, Kentucky 41129, and (ii) Ivel Wash Plant located 0.14 miles west of Ivel Coal Company Road and US 23 near Ivel, Kentucky 41642 and (b) all vehicles, equipment furniture and supplies located at the Ivel Wash Plant located 0.14 miles west of Ivel Coal Company Road and US 23 near Ivel, Kentucky 41642 (collectively, the “Public Sale Collateral”). The Secured Party is conducting the Public Sale to foreclose the lien and security interest held by the Secured Party in and to the Public Sale Collateral. At the Public Sale, all of Borrower’s right, title and interest in and to the Public Sale Collateral will be sold “as is” and “where is” and the Secured Party shall make no representation or warranty, either express or implied, relating to title, use, quiet enjoyment, possession, merchantability or fitness for a particular purpose, completeness, condition or the like, all of which are hereby disclaimed, in the sale or disposition of the Public Sale Collateral. In addition, the Public Sale Collateral is being sold (i) free and clear of Secured Party’s liens and any subordinate security interests, and (ii) without recourse to Secured Party, its attorneys and representatives. The Public Sale of the Public Sale Collateral, if made, shall be to the highest and best bidder. In order to participate in the bidding process, each person or entity (a “Potential Bidder”) must deliver to the Secured Party (i) an executed confidentiality agreement in form and substance acceptable to Secured Party, (ii) evidence acceptable to Secured Party that will show the ownership of the Potential Bidder and the financial ability of the Potential Bidder to purchase the Public Sale Collateral, (iii) a completed and executed Asset Purchase Agreement in the form provided by Secured Party, and (iv) an immediate cash deposit in an amount equal to ten percent (10%) of its bid amount which will be held in escrow by counsel for Secured Party. A Potential Bidder that complies with the foregoing requirements shall be deemed a “Qualified Bidder”. Those Qualified Bidders participating at the Public Sale shall be provided with the information necessary to virtually attend the Public Sale and shall be given the opportunity to bid on a competitive basis. At the Public Sale, the Public Sale Collateral will be offered as a single lot and r multiple lots. At the conclusion of the Public Sale, the successful bidder(s) must pay the final bid amount in full in immediately available funds by a wire transfer of funds to the Secured Party no later than two (2) business days after the conclusion of the Public Sale. The Secured Party reserves the right to credit bid on any or all of the Public Sale Collateral at the Public Sale. The Secured Party reserves the right to reject all bids, adjourn or cancel the Public Sale. For further details regarding the Public Sale Collateral, obtaining the confidentiality agreement and the form asset purchase agreement, and information regarding the Public Sale, you may contact Evan Blum at (973) 432-0621 or [email protected]. LH-139771 11-1,3,5,8,10,12;2022