OFFERS GATHERING - Company sale operating in the wood sector including several commercial buildings in Ostra (AN), Casine di Ostra, Via del Lavoro 6
SINGLE LOT consisting of a company of greater consistency than the one currently leased, and in particular:
a) movable goods branch: tangible and intangible assets (including trademarks and patents) and, more generally, everything constituting the company know-how available for any reason, including the domain
www.decorlegno.com (if still active at the date of sale) and what is archived on the management server (including the backup copies transferred to the new server purchased by the Tenant as communicated to the Curatorship via PEC dated 09/09/2022). The estimated value attributed to the trademarks (“Atelier Casabella”; “Decorlegno” , “iDecorabili” ) and to the patents and models, owned by the bankrupt company, approximates the value of the goodwill of the business unit.
b) real estate branch: for commercial real estate units these are described and classified in the appraiser's report of the procedure Ing. A. Menghini of Ancona and respectively:
- Lot 1 Cadastral Data Offices Municipality: Ostra (An) Sheet: 4 Map: 333 Sub: 4 Category: A/10 Consistency: 23 rooms Cadastral area: 518 m2 Yield: € 4,038.69;
- Lot 2 Cadastral Data Warehouse Municipality: Ostra (An) Sheet: 4 Map: 333 Sub: 3 Category: C/2 Consistency: 210 m2 Cadastral surface: 232 m2 Yield: € 227.24
- Lot 3 Deposit Cadastral data Municipality: Ostra (An) Sheet: 4 Map: 333 Sub: 2 Category: D/8 Consistency: --- Cadastral area: --- Rent: € 1,260.00;
- Lot 4 Deposit Cadastral data Municipality: Ostra (An) Sheet: 4 Map: 288 Sub: --- Category: D/8 Consistency: --- Cadastral area: --- Rent: € 5,015.00;
- Lot 5 Deposit Cadastral data Municipality: Ostra (An) Sheet: 4 Map: 332 Sub: --- Category: D/8 Consistency: --- Cadastral area: --- Rent: € 3,980.00;
Technical Lots 1-2-3 refer to the office building with a total estimated value of Euro 645,000.00.
Technical lots no. 4-5 concern a commercial deposit with a total estimated value of Euro 1,010,000.00.
In addition to the triangular portion that will derive from the division of cadastral map 222 for the construction of an extension of the common road, the entire compendium located in Casine d'Ostra, such as to allow the connection of the two entrances of the Bankruptcy area "Decorlegno" and also quotas and rights on the common areas of land maps 265 (parking) and 331 (road) as indicated in the report by Eng. A. Menghini ( pag 3/53) and on the new common road to be implemented.
For the purposes of correct identification of the cadastral boundaries of the real estate portion subject to this competitive procedure, the successful tenderer must, following any final award in its favour, bear the technical costs necessary for the presentation of the project (including the costs of subdivision) at the competent bodies for the correct identification of all the lots to be described in the notarial deed.
In the end, the common services will also have to be regulated (for example, the use of the tank and the fire pump, serving the entire real estate sector).
It should be noted that the Curatorship, for the purpose of speeding up the sales operations following the award, may proceed with the technical activities referred to in point 3 in advance of the final award, it being understood that the related charges will be borne by the party which will be awarded/buyer.
All goods and contracts not expressly included in the annexes are expressly excluded from the sale and therefore in particular:
a) any third-party assets located at the headquarters of the bankrupt company;
b) company credits and debits, by way of derogation from art. 2560 of the Italian Civil Code, as required by art. 105, paragraph 4, L.F., with the sole exclusion of T.F.R. (including the portion of the same paid to supplementary pension funds) as well as the payable for ordinary wages accrued in favor of the workers whose contract is being transferred. These are sums accrued in their favor prior to the date of the bankruptcy declaration (17.12.2019), for a total of Euro 322,008.54 (with revaluation and pre-bankruptcy interest calculated by the Trustee as of 21.12.2018), plus interest and monetary revaluation as required by law (to be updated on the date of payment of the balance). Debt which will constitute, as better specified below, part of the sale price by means of the release by the successful tenderer as better explained in art.3 and art. 6;
c) it should be noted that in the list of no. 13 employment contracts do not reveal professional figures employed in the commercial area and that the company branch, currently managed by the Lessee, operates with a consistent network of agency relationships and commercial representation (approximately 30 contracts). The agency and commercial representation contracts are no longer in the legal availability of the Bankruptcy and therefore cannot be transferred;
d) the lease contract of the commercial building where the "carpentry department" is equipped is not transferred since the contract to is no longer in the legal sphere of the Bankruptcy. The owner of the property, in fact, stipulated the lease directly with the tenant. The specific equipment and systems/machinery of the carpentry department (functional to the production activity of the business branch being sold), owned by the Bankruptcy, must be dismantled and transferred to a location to be identified by the branch purchaser of company. The cost of disassembling the equipment as well as the plant/machinery specific to the department, as well as their transport and the relative new setting is borne by the purchaser. Bankruptcy does not issue a guarantee that the same assets can maintain their current functionality and that they can be reused. Charges and risks are borne by the purchaser;
e) the stock of inventories (raw materials and finished products) which should still be in the material and juridical availability of the Bankruptcy is not put up for sale with this announcement/regulation. In this regard, we inform you that competitive sales of inventories have been launched with independent sales announcements with respect to this announcement/regulation and always by the same specialized company to which reference must be made for information on the scheduling of sales announcements pursuant to art. 107 c. 1 bankruptcy law and/or contact the undersigned Bankruptcy Trustee (PEC: f98.2019ancona@pecfallimenti.it; mobile: 338-7634318).
A special
Data Room is available for consulting further documentation on the goods being sold, which will be accessible once the attached Confidentiality Agreement has been signed and sent to the PEC address
gorealbid@pec.it
The gathering will be done using the following modes:
All bidders, except the subjects by law not allowed to take part in the gathering, after having joined the site www.gorealbid.it, will fill in the offer form (published online) and send it undersigned for acceptance of the conditions proposed, at the following address gorealbid@pec.it in conjunction with the documents required.
Please check Sale Notice and specific conditions for further information concerning participation.
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