To: __________________ (Trustee in Bankruptcy) ________________ (date)
In reference to the bankruptcy of ________________ (name of bankrupt company) and the liquidation of the assets of bankrupt company, _______________ (name of company making offer) offers to purchase: (1) all of the existing inventory of the ___________________ system; (2) all spare parts, test equipment, and related items for such system; (3) all engineering drawings and specifications for such system; (4) all proprietary rights relating to such system; and (5) all other assets of bankrupt company, whether or not related to such system, except: _______________ (description of any exceptions).
For the purchase of the assets described above, which shall be free and clear of all liens and encumbrances at the time of their transfer and which, as applicable, shall be fully functional and capable of being used in the normal course of business, the offeror offers the sum of ________________ Dollars ($__________ ).The offeror will pay such sum by cashiers check at the time of delivery of a bill of sale transferring the title to the assets purchased as a result of this offer (or at such other time required and specified by the trustee or the bankruptcy court judge acting in compliance with applicable law) to the offeror.
To the extent of its applicability to the transfer of assets as a result of this offer, all provisions of the bulk sales law will be fully complied with.
The offeror shall have the right (but not the obligation) to withdraw this offer if it has not been accepted within _____________ days of the date of this letter.
This offer is contingent on the accuracy of information that has been provided by you, as trustee, and by the personnel of _______________ (bankrupt company) concerning the type, quantity, condition, location (and such similar matters) of the assets subject to this offer; the information must be sufficiently and reasonably accurate to the minimum extent that a reasonable and prudent businessperson could rely thereon in conducting his or her own business affairs. If the information is not accurate to the minimum requisite extent, the offeror reserves the right to withdraw or modify this offer without prejudice.
Name of Offering Company
Printed Name and Title