Mon 12 Nov 2018 00:49

Aegean's proposed bidding process revealed


If approved, process would conclude on February 22 with a sale hearing.


Image: Pixabay
Aegean Marine Petroleum Network Inc has asked the US Bankruptcy Court for the Southern District of New York to consider February 22 as the date of a sale hearing that would mark the end of its proposed bidding process.

As previously reported, Aegean filed a motion on Friday where it sought to get the go-ahead for a competitive bidding process after shareholder Mercuria offered $681m as a stalking horse bidder.

The following dates and deadlines for the sale process have been proposed, and are subject to court availability and approval.

Bidding procedures objection (No date specified)

The deadline to object to the bidding procedures, bid protections, stalking horse asset purchase agreement (APA), form and manner of sale notice, and assumption procedures.

Bidding procedures hearing: On or about December 6

The date the bidding procedures hearing would be held before the Honorable Michael E. Wiles, United States Bankruptcy Judge for the Bankruptcy Court for the Southern District of New York.

Indication of interest deadline: January 3

The last day by which an interested person must submit a non-binding indication of interest in the sale process.

Assumption and assignment service deadline: January 4

The last date by which the debtors must serve the cure notice (as defined in the bidding procedures order) on all non-debtor counterparties to all assumed contracts.

Stalking horse bid objection deadline: January 18

The deadline to object to the sale transactions contemplated by the stalking horse bid or the assumption and assignment of the assumed contracts or cure amounts related thereto.

Assumption and assignment objection deadline: January 19

The deadline to object to assumption and assignment of the assumed contracts to the stalking horse bidder, including proposed cure costs - as defined in the stalking horse APA.

Bid deadline: February 11

The deadline by which all binding bids must be actually received pursuant to the bidding procedures.

Sale objection deadline: February 13

The deadline to object to the sale transactions (other than the stalking horse bid).

Auction: February 18

The proposed auction would be held at the offices of law firm Kirkland & Ellis LLP.

Sale hearing: February 22

The proposed sale hearing would be held before the Honorable Michael E. Wiles, United States Bankruptcy Judge for the Bankruptcy Court for the Southern District of New York.


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