010081961 January 15, 22
NOTICE OF PUBLIC SALE OF COLLATERAL
PLEASE TAKE NOTICE THAT all of the assets of Energy Surveys, Inc, a West Virginia corporation and all "Collateral" as defined in that certain Commercial Security Agreement between Energy Surveys, Inc. and MVB Bank, Inc., dated as of February 7, 2014, as same as been assigned to Audubon Engineering Solutions, LLC a Delaware limited liability company (the "Secured Party"), by that certain written assignment dated January 7, 2016, as amended or otherwise modified from time to time (the "Security Agreement") will be offered for sale by the Secured Party at a public auction in accordance with Section 9-610 of the Uniform Commercial Code in effect in the State of West Virginia on January 26, 2016 at 10:00 a,m. Eastern Time at the offices of Nelson Mullins Riley & Scarborough LLP, 949 Third Avenue, Suite 200, Huntington, WV 25701.
This sale is held to enforce the rights of the Secured Party under the Security Agreement. The Collateral will be sold in one parcel, for cash, at such price and on such other commercially reasonable terms as the Secured Party may determine. The Secured Party reserves the right to establish other reasonable bidding procedures, reject any or all bids, and to have potential bidders demonstrate their ability to perform and close to the reasonable satisfaction of the Secured Party. The Secured Party reserves the right to (a) credit bid at the sale or (b) transfer all or a portion of its credit to a third party who may then bid such credit at the sale. The Secured Party also reserves the right to adjourn, continue, or cancel the auction, In addition, the Secured Party reserves the right to reject any or all bids or terminate or adjourn the sale to another time as the Secured Party may desire, by announcement at the place and on the date of sale, and any subsequent adjournment there, without further publication. The Collateral is offered "AS-IS, WHERE IS", with all faults, and the Secured Party makes no guarantee, representation or warranty (including, without limitation, any representation or warranty of merchantability or fitness), express or implied, as to the existence or nonexistence of other liens, the quantity, quality, condition, or description of the Collateral, the value of the Collateral, or the Debtor’s rights in or title to the Collateral.
Interested parties who would like additional information regarding the Collateral, the requirements to be "qualified bidder", or the terms of the sale should contact Peter Haley of Nelson Mullins Riley & Scarborough LLP, at
Peter J. Haley
Nelson Mullins Riley & Scarborough LLP
One Post Office Square / 30th Floor
Boston, MA 02109
Randall L. Saunders
Nelson Mullins Riley & Scarborough, LLP
949 Third Avenue, Suite 200
Huntington, WV 25701
Property to be Sold
The following listing of "Collateral" is provided for the convenience of interested parties and is not intended to limit or constrain the definition of Collateral.
All general intangibles of every kind and nature, including, but not limited to, goodwill, the rights in and to the name Energy Surveys, Inc., all customer lists, contract rights, intellectual property, proprietary methods of doing business, business records, chooses in action, and as otherwise defined by Section 9-102 of the Uniform Commercial Code.
All accounts receivable, contract sums and amounts due and owing to Energy Surveys, Inc. of any kind or nature and as otherwise defined by Section 9-102 of the Uniform Commercial Code.
Personal Property of any kind or type, including, but not limited to, Office Equipment; computer software, personal computers and laptops, computer servers, monitors, Field Equipment: radios, tool boxes, air meters.