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Published on 4/18/2007 in the Prospect News Distressed Debt Daily.

M. Fabrikant sets bid procedures for proposed asset sale

By Caroline Salls

Pittsburgh, April 18 - M. Fabrikant & Sons Inc. requested court approval of the bid procedures for the proposed sale of some of its assets, according to a Tuesday filing with the U.S. Bankruptcy Court for the Southern District of New York.

The company has not yet selected a stalking horse bidder. If the company does choose to name a stalking horse bidder, it will do so by April 27.

If a stalking horse bidder is selected, but is not the high bidder at auction, M. Fabrikant will pay it a break-up fee of 2% of the purchase price, plus up to $200,000 for expense reimbursement.

The assets to be sold include third-party accounts receivable, inventory, including intellectual property, its 27% interest in Fabrikant-Tara International LLC and other assets, including furniture and equipment.

The minimum reserve prices set by the company include $10.2 million for its MFS accounts receivable, $2 million for FLI accounts receivable, $21.4 million for MFS inventory, $10 million for FLI inventory, $1.4 million for the Fabrikant-Tara interest, $3 million for other third-party accounts receivable and $500,000 for other assets.

All bids must be accompanied by a deposit of 10% of the proposed purchase price.

Each bid following the initial bid must be in increments of $50,000 for asset categories with an initial bid of less than $10 million and in increments of $100,000 for asset categories with an initial bid of more than $10 million.

The auction will be held May 9, and the sale hearing is scheduled for May 10.

A hearing on the bid procedures is scheduled for April 26.

M. Fabrikant, a New York-based manufacturer and distributor of diamonds and gemstone jewelry, filed for Chapter 11 on Nov. 17, 2006. Its case number is 06-12737.


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