________________________ (Trustee in Bankruptcy) ________________ (date)
reference to the bankruptcy of ___________________________________________
(name of bankrupt company) and the liquidation of the assets of bankrupt
company, ________________________________________________ (name of company
making offer) offers to purchase: (1) all of the existing inventory of the
__________________; (2) all spare parts, test equipment, and related items; (3)
all engineering drawings and specifications; (4) all proprietary rights; and
(5) all other assets of bankrupt company, except:
____________________________________________ (description of any exceptions).
the purchase of the assets described above, which shall be free and clear of
all liens and encumbrances at the time of their transfer and which, as
applicable, shall be fully functional and capable of being used in the normal
course of business, the offeror offers
the sum of ________________ Dollars ($__________ ).The offeror will pay such
sum by cashier’s check at the time of delivery of a bill of sale transferring
the title to the assets purchased as a result of this offer (or at such other
time required and specified by the trustee or the bankruptcy court judge acting
in compliance with applicable law) to the offeror.
the extent of its applicability to the transfer of assets as a result of this
offer, all provisions of the bulk sales law will be fully complied with.
offeror shall have the right (but not the obligation) to withdraw this offer if
it has not been accepted within _____________________ days of the date of this
offer is contingent on the accuracy of information that has been provided by
you, as trustee, and by the personnel of
________________________________________ (bankrupt company) concerning the type,
quantity, condition, location (and such similar matters) of the assets subject
to this offer; the information must be sufficiently and reasonably accurate to
the minimum extent that a reasonable and prudent business person could rely
thereon in conducting his or her own business affairs. If the information is
not accurate to the minimum requisite extent, the offeror reserves the right to
withdraw or modify this offer without prejudice.
of Offering Company
Printed Name and Title