Reiser equipment ((1) ONE VEMAG ROBOT HP-10E (HT) including all tooling, standard and accessory equipment as described in the agreement between New Mexico Food Distributors, Inc. (“NMFD”) and Robert Reiser & Co., Inc. (“Reiser”) dated February 9, 2022 and (2) ONE REPAK MODEL RE25/7 including all tooling, standard and accessory equipment as described in the agreement between NMFD and Reiser dated February 25, 2022. Copies of the aforementioned agreements can be found in the Declaration of Kevin Colmey that forms part of Docket No. 379 and in Claim No. 14 filed in the NMFD case. | | Reiser | | $250,000 | | Credit | | None | | | | As additional consideration, Reiser waives any deficiency or other claims against the Debtors’ and their estates in the approximate amount of $347,638.78, effective immediately upon Reiser taking possession of the purchased equipment. |
The Debtors’ intellectual property (the “Intellectual Property”) comprised of the following (1) the Debtors’ Trademarks listed in the Notice of Assets to be Sold and (2) all of Debtors’ right, title, and interest in the Intellectual Property Rights and all goodwill associated with such Intellectual Property Rights, including, without limitation, (i) the right to use, copy, modify, exploit, license, assign, convey and pledge the Intellectual Property Rights, (ii) the right to exclude others from using the Intellectual Property Rights, (iii) the right to sue others and collect damages for past, present and future infringement of the Intellectual Property Rights, (iv) the right to create derivatives of the Intellectual Property and retain full ownership thereof, and (v) the right to file and prosecute applications for registration, now pending or hereinafter initiated, to protect any rights in the Intellectual Property Rights – i.e., the Debtors’ Trademarks listed in the Notice of Assets to be Sold, provided that, while Planted Ventures, LLC (“Planted Ventures”) is purchasing all of the Intellectual Property, Planted Ventures is not obtaining Intellectual Property principally used in the operation of (a) BCI’s business before closing, or (b) the operation of Desert Surf and the equipment located at the Desert Surf location. | | Planted Ventures | | $775,000 | | Cash | | Aliya’s | | $750,000 | | Planted Ventures is owned and controlled by Salvatore Galletti, the Company’s former Chairman of the Board and Chief Executive Officer. |