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 13 of 20 (ii) identify the highest and otherwise best offer or group of offers for the assets (the "Successful Bid(s)").3 At the Sale Hearing, the Debtors shall present to the Bankruptcy Court for approval the Successful Bid(s). The Debtors may adopt rules for the bidding process at the Auction that, in its judgment, will better promote the goals of the bidding process and that are not inconsistent with any of the provisions of the Bankruptcy Code, any Bankruptcy Court order, or these Bid Procedures. Acceptance of Qualified Bids The Debtors shall sell the Equipment for the highest or otherwise best Qualified Bid(s) received. The Debtors' presentation to the Bankruptcy Court for approval of a particular Qualified Bid does not constitute the Debtors' acceptance of the bid. The Debtors will be deemed to have accepted a bid only when the bid has been approved by the Bankruptcy Court at the Sale Hearing. Sale Hearing The Sale Hearing is presently scheduled to take place on February 3, 2016, at 9:30 a.m. (MST) before the Honorable Kevin R. Anderson at the United States Bankruptcy Court for the District of Utah, located in Courtroom 376 of the Frank E. Moss United States Courthouse, 350 South Main Street, Salt Lake City, UT 84101. The Sale Hearing may be adjourned or rescheduled without notice by an announcement of the adjourned date at the Sale Hearing. At the Sale Hearing, the Debtors shall present to the Bankruptcy Court for approval the Successful Bid(s) for the Equipment (and/or other assets of the Debtors). Following the Sale Hearing approving the Sale of the Debtors' assets to a Successful Bidder(s), if such Successful Bidder(s) fails to consummate an approved sale because of a breach or failure to perform on the part of such Successful Bidder(s), the next highest or otherwise best Qualified Bid, as disclosed at the Sale Hearing, shall be deemed to be the Successful Bid and the Seller shall be authorized to effectuate such sale without further order of the Bankruptcy Court. Modifications The Debtors may: (a) determine, in its business judgment, which Qualified Bid(s), if any, is the highest or otherwise best offer; and (b) reject at any time before entry of an order of the Bankruptcy Court approving a Qualified Bid, any bid that, in the Debtor's sole discretion, is: (i) inadequate or insufficient; (ii) not in conformity with the requirements of the Bankruptcy Code, the Bid Procedures, or the terms and conditions of sale; or (iii) contrary to the best interests of the Debtor, its estate, and its creditors. At or before the Sale Hearing, the Debtors may impose such other terms and conditions as it may determine to be in the best interests of the 3 Any higher or better offers must exceed the Purchaser's purchase price of $87,000.00 by at least $5,000. 23119107 4 („.