| INTANGIBLE ASSETS & INTELLECTUAL PROPERTY FOR SALE |
| Bidding Deadline: January 28, 2013 at 5:00 p.m. EST |
| GENERAL TERMS — Please read carefully. |
| The date for submission of bids on Ichthus intangible assets and intellectual
property was extended to 5:00 p.m. EST on Monday, January 28, 2013. No bids
will be accepted after the deadline! This is a closed bidding process, which means
that bidders will not be able to compare their bids to others. All bids will remain
confidential and are subject to approval of the Ichthus Board. The Board will review
all bids to determine whether a bid or combination of bids maximizes the value of
the items auctioned for the benefit of its creditors. |
| A reserve has been set on all items to be auctioned and the Board has the full
discretion to decide whether a bid that has been submitted, but has not reached
the set reserve will be accepted or whether further bidding will be considered. If
multiple bids are substantially similar in amount, either on individual items or a
combination thereof, the Board reserves the right to consider additional bidding if
such bidding would maximize the value of its assets for the benefit of creditors. |
| All items sold are being sold on an AS IS WHERE IS basis and a buyer is only
purchasing or being assigned whatever rights Ichthus may have to a given asset or
bid item. |
| No conditional bids will be honored or considered unless the Board determines, in
its sole discretion, that such conditions are reasonable and further maximize the
value of assets for creditors. The Board reserves the right to modify the bidding
process if it is determined that a modification in the process will benefit creditors.
The auction may be cancelled at any time should the Board determine that creditors
will be better served in some other disposition of its assets. |
| BID PACKAGES |
| Bidders may bid on three individual bid packages and a Combination Package that
includes two of the individual packages, as described below. Bidders are encouraged
to bid on the individual packages and the Combination Package in order to enhance
their prospect of having a winning bid. The Board reserves the right to accept or
reject bids on individual packages and the Combination Package, if such bids do
not meet the reserve set by the Board. The Board may further accept or reject
an individual or combination bid depending on whether such bid collectively
maximizes the value of the assets for the benefit of creditors. As such, bidders are
encouraged to make their best offer on all assets they seek to acquire both on the
individual packages and the Combination Package, which will optimize the best
chance of a winning bid. |
| Package 1 – Festival Package |
| The Festival Package includes the Ichthus festival name, Ichthus, the Ichthus website
domain names (ichthus.org and ichthusfestival.org), the Ichthus Facebook page
(with 26,000+ likes), the Ichthus Twitter account (@ichthusfestival) and the Ichthus
festival staff and volunteer infrastructure contacts and operational documents. |
| Package 2 – Contacts Package |
| The Contacts Package includes the Ichthus festival mailing list (with approximately
42,000 names), the Ichthus festival text list (with approximately 6,800 names and
cell phone numbers) and the Ichthus festival email list (with approximately 25,500
names). |
| Package 3 – Combined Package |
| The Combined Package is a combined bid for both the Festival Package and the
Contacts Package, as described in Package 1 and Package 2 above. |
| Package 4 – Video/Photographic Package |
| The Video/Photographic Package includes all of the video footage (in varying
formats) from the Ichthus festivals and a large catalogue of photographs (prints and
electronic format) taken during the Ichthus festivals from 1970’s to the present. These items include video and photographs of speakers,
artists and virtually every aspect of life that takes place during a given Ichthus
festival. |
| The Board reserves the right to accept or reject any bids for this item that they
believe, in their sole discretion, not only benefits creditors, but also preserves these
materials for their historic values. |
| Should you have additional questions about the bidding process, please contact
Ichthus CEO, Mark Vermillion at mark@ichthus.org or Mark E. Nichols at
mnichols@wnsattorneys.com. |
| BIDDING PROCESS |
| 1. | All bids must be submitted no later than 5:00 p.m. EST on Monday, January 28,
2013 by completing the electronic bidding form below. |
| 2. | Ichthus will notify the highest or otherwise best bidder(s) of their winning bid by
email no later than the end of the day on Friday, February 1, 2013. |
| 3. | Once notified, a winning bidder will be required to make a deposit of 20% of
their total accepted bid(s) by 5:00 p.m., Monday, February 4, 2013. Failure to
do so will disqualify the bid and Ichthus will award the bid to next highest or
otherwise best bidder(s), unless the Board, in their sole discretion, determines
that an extension or waiver of the deposit is reasonable under the circumstances
and notifies the bidder in writing of such extension or waiver. |
| 4. | The final unpaid balance of the winning bid will be due on or before March 1,
2013. A winning bidder who fail to pay the final balance by the due date will have
their bid disqualified and they will forfeit their deposit. Ichthus will then award
the bid to next highest or otherwise best bidder(s). |
| For more information on the bidding process, email Ichthus’ attorney, Mark E.
Nichols, at mnichols@wnsattorneys.com. |