The Assets are being sold “AS IS” “WHERE IS”, “WITH ALL FAULTS”, without any representations, covenants, guarantees or warranties of any kind or nature, and free and clear of any liens, claims, or encumbrances of whatever kind or nature, with such liens, if any, to attach to the proceeds of sale in such order and priority as they existed immediately prior to the Closing. By delivering their respective Deposits, all Bidders acknowledge that they have had the opportunity to review and inspect the Assets, the Bidding Procedures, the Amended Asset Purchase Agreement, and will rely solely thereon and on their own independent investigations and inspections of the Assets, the Bidding Procedures, the Amended Asset Purchase Agreement, in making their bids. Neither Maltz, the Chapter 11 Debtor, Debtor-In-Possession, the Attorney for the Chapter 11 Debtor, Debtor-In-Possession nor any of their collective representatives makes any representations or warrantees with respect to the permissible uses or condition of the Assets. All Bidders acknowledge that they have conducted their own due diligence in connection with the Assets and are not relying on any information provided by Maltz, the Chapter 11 Debtor, Debtor-In-Possession, the Attorney for the Chapter 11 Debtor, Debtor-In-Possession, or their professionals. The information contained herein was derived from sources deemed reliable, but is not guaranteed. Most of the information provided has been obtained from third party sources and has not been independently verified. It is the responsibility of the Buyer to determine the accuracy of all components of the sale and Assets. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the Assets. All prospective bidders are urged to conduct their own due diligence prior to participating in the Public Auction. Bid rigging is illegal and suspected violations will be reported to the Department of Justice for investigation and prosecution.
