CIVIL COURT OF FROSINONE Bankruptcy Division Arrangement

CIVIL COURT OF FROSINONE
Bankruptcy Division
Arrangement
with
Creditors
R.
C.P.
n.
04/2014
COGEME SOLUZIONI & TECNOLOGIA S.P.A. VOLUNTARY WINDING UP
Judge: Dr. Andrea Petteruti
Receiver: Avv. Antonello Lucchese
The company COGEME SOLUZIONI & TECNOLOGIA S.P.A.
VOLUNTARY WINDING UP and arrangement with creditors,
[headquarter in Patrica -FR- (Italy), Frazione Pantane, Via Ferruccia n.
18, registered office in Milan -MI- (Italy), Via Olivetani n. 10/12,
Identification and Tax code: 10367480158], active in the international
"business to business" market of mechanical components – high
precision automotive branch through four companies located in Italy,
Romania, India and Brazil (this last one not part of this auction),
represented by its Receiver - Avv. Antonello Lucchese,
INFORMS AND NOTIFIES
that, in the operational framework of the activities aimed at the
earning anticipation, it will be proceeded with the competitive sale of
the following assets:
Business unit entered into 05.13.2014 rent deed of Notary Dr. Angelo
Busani, Rep. 28519 - Rec. 13433, consisting of:
a) Goodwill and trademark "COGEME";
b) software licenses, website, trademarks as well as the additional
assets, including archives and technical documentation, plans,
drawings, programs, certifications and technology in general
possessed by COGEME;
c) machinery, specific and generic (including office equipment),
equipment, and general and specific industrial and commercial
equipment (including mobile walls, furniture and fixtures,
miscellaneous minors);
d) cars and vehicles in general;
e) unsold stock (which includes raw materials, consumables, semifinished products, currently underway and finished goods but not
including low handling products) (generically: the "Stock");
f) contracts with customers and suppliers, including letters of offer,
framework agreements, contracts and orders;
g) employment contracts as analytically and nominally listed in the
"Data Room";
h) contracts for service with Cogeme Romania and Cogeme India;
i) supply contracts as electricity, natural gas, water and telephone
services as well as insurance contracts pledged by COGEME and
related to the business unit itself as well as all other possible
contractual relationships necessary for the proper business unit
enterprise exercise;
l) consultancy contracts;
m) 100% stake in Cogeme Set Ro, headquartered in Micesti Arges
Country - Romania;
n) 79.99% stake in Cogeme Precision Parts India Private Limited,
headquartered
in
Pune
India;
The current sale of the business unit does not include (as an
illustrative, yet incomplete example): Cash and cash equivalents of
Cogeme S & T Spa; "COGEME" claims of any kind under any name, no
matter the cause, the title or the origin, even if closely related to the
operations of the business unit; litigations in or out of court (including
labor ones) in progress at the date of signing of the Act of Purchase;
the stake in Cogeme Brazil; the ownership of the factory property in
which the activity business is; machinery acquired with financial
leasing contracts; machinery acquired with funding under Law
Sabatini ITALIAN LAW n. 1329 del 28/11/1965
===================
The whole as is fully described and specified in the DISCIPLINARY OF
THE SALE PROCEDURE OF COMPANY BUSINESS UNIT AND
COMPANY SHAREHOLDINGS COGEME SOLUZIONI & TECNOLOGIA
S.P.A. IN LIQUIDATION AND ARRANGEMENT WITH CREDITORS,
available (login informations upon request) on the website:
http: // www. procedure.it/concordatocogemesetspa
through which it is possible to check any information regarding the
identification of the assets as well as the mode of participation in the
sale and access to all other documentation useful to evaluate the
purchase bids.
Sales operations will take place in Frosinone (Italy), Via Anagni n. 15,
in the Receiver’s Office (Studio Avv. Antonello Lucchese).
The first auction will be held on September, 1st, 2015, at 11:00 am, at
the
starting
price
of
€
28.800.000,00
(Euros
twentyeightmillioneighthundredthousand/00) plus transaction fees
and
taxes.
The second auction will take place (in case of lack of tenders for the
first auction) on September, 7th, 2015, at 11:00 am, at the starting
price
of
€
23.500.000,00
(Euros
twentythreemillionfivehundredthousand/00)
plus
transaction
fees
and
taxes.
In case of no bids at the second sale without auction, set for the date of
September, 7th, 2015, at base price of € 23.500.000,00 (Euros
twentythreemillionfivehundredthousand/00), the Arrangement With
Creditors RCP 04/2014 Court of Frosinone - Società 'Cogeme
Solutions Technology & Spa in liquidation, will provide to transfer
immediately the goods on sale in this competitive process to the
company TCH Srl, in force of the 'Irrevocable Purchase Offer dated
20.06.2014, at the price of € 23.500.000,00 (Euros
twentythreemillionfivehundredthousand/00).
It will be possible to know DISCIPLINARY OF THE SALE PROCEDURE
OF COMPANY BUSIINESS UNIT AND COMPANY SHAREHOLDINGS
COGEME SOLUZIONI & TECNOLOGIA S.P.A. IN LIQUIDATION AND
ARRANGEMENT WITH CREDITORS also visiting website:
www.astegiudiziarie.it – Tribunale di Frosinone –
Concordato Preventivo n. 04/2014, without asking for login
credentials.
For
any
further
information:
- Receiver: Avv. Antonello Lucchese, Via Anagni n. 15, 03100 Frosinone, using the e-mail address:
pec: [email protected]
e-mail: [email protected]
- Sales Delegate (in force of delegation dated July, 10th, 2015):
Avv. Annamaria Petricca, Via Aldo Moro n. 87, 03100 –
Frosinone, using the e-mail address:
pec: [email protected]
e-mail: [email protected]