2016-01-12_GENERAL DOCUMENTS - M1982090

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Case 14-33427 Doc 269 Filed 12/19/15 Entered 12/19/15 22:42:25 Desc Imaged Certificate of Notice Page 11 of 20 Due Diligence The Debtors shall afford each Qualified Bidder reasonable due diligence access to the assets sought to be acquired. The Debtors will coordinate all reasonable requests for additional information and due diligence access from such bidders. The Debtors shall not be obligated to furnish any due diligence information after the Bid Deadline (as hereinafter defined). Neither the Debtors nor any of their representatives are obligated to furnish any information relating to the Debtors' assets to any person except to a Qualified Bidder that makes an acceptable preliminary proposal. Bidders are advised to exercise their own discretion before relying on any information regarding the Debtors' assets provided by anyone other than the Debtors or their representatives. To the extent a Qualified Bidder wishes to inspect the Equipment, it must provide the Debtors with an executed indemnification that indemnifies and holds the Debtors' harmless for any injury or damage that may arise to said Qualified Bidder in connection with any inspection of the Equipment. Bid Deadline A Qualified Bidder that desires to make a bid shall deliver a written copy of its bid to the Debtors as follows: David E. Leta, Snell & Wilmer L.L.P., Attorneys for Federal Resources, Inc. and Camp Bird Colorado, Inc., 15 W. South Temple, Suite 1200, Salt Lake City, Utah 84101, by no later than 4:00 p.m. (MST) on January 29, 2016 (the "Bid Deadline"). Counsel for the Debtors shall immediately deliver all bids received to counsel for the Purchaser. With the consent of the Purchaser, the Debtors may extend the Bid Deadline once or successively, but it is not obligated to do so. All bids must include the following documents (the "Required Bid Documents"): • A letter stating that the bidder's offer is irrevocable until the earlier of (i) two (2) business days after the Equipment upon which the bidder is bidding have been disposed of pursuant to the Bid Procedures; or (ii) thirty (30) days after the Sale Hearing. • An executed form of asset purchase agreement in form and substance acceptable to the Debtors (the "Asset Purchase Agreement"). • Written evidence of a commitment for financing or other evidence of ability to consummate the proposed transaction satisfactory to the Debtors in their sole discretion. • Deposit of $10,000, which shall be held by the Debtors until the Bankruptcy Court approves the sale of the Equipment. The Debtors will consider a bid only if the bid is on terms that are not conditioned on obtaining financing or on the outcome of unperformed due diligence by the bidder. A bid received from a Qualified Bidder that includes all of the 23119107.4