Notice of Open Ascending Price Auction

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1 On the basis of the decision of the Maribor District Court no. 488/2013 dated 25 March 2016, in the bankruptcy proceedings against the debtor INTERLES d.o.o., in BANKRUPTCY, Kraigherjeva ulica 019, 2230 Lenart v Slov. goricah, and based on the decision of the Maribor District Court no. 1989/2014 dated 18 April 2016, in the bankruptcy proceedings against the debtor VOGRIN INŽENIRING d.o.o., Kraigherjeva ulica 19, 2230 Lenart v Slov. goricah, and pursuant to Article 334 of the ZFPPIPP (Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act), the bankruptcy receivers propose that the court publishes the following: Notice of Open Ascending Price Auction which will be held from 25 may 2016 to 25 July 2016 on the website under the following terms and conditions: I. METHOD OF SALE: All the property that is the subject of sale shall be according to Article 340 of the ZFPPIPP sold at a public auction without a guarantee for material defects. The public auction will be held from 25 may 2016 to 25 July 2016 on the website The property of the debtors in bankruptcy Interles d.o.o. and Vogrin Inženiring d.o.o. shall be sold at an open ascending price auction in 7 steps, first sold as a set and if this fails, separately as stated in item II DESCRIPTION OF THE PROPERTY SUBJECT TO SALE, STEPS, OPENING PRICE AND SECURITY DEPOSIT. II. DESCRIPTION OF THE PROPERTY SUBJECT TO SALE, STEPS, OPENING PRICE AND SECURITY DEPOSIT: STEP 1 SALE OF PROPERTY IN A SET AS A BUSINESS WHOLE The first step involves the sale of a PRODUCTION FACILITY AT C.M. ZGORNJA VOLIČINA, which comprises - real estate on lot no. 621/3, c.m. 553 ZGORNJA VOLIČINA (ID ) in its entirety - movable property*: machinery and production line, and the stock of raw material for the manufacture of: o builders' carpentry and joinery in aluminium; o builders' carpentry and joinery in wood; o builders' carpentry and joinery in plastic; and - office equipment. A more detailed list of the movable property is provided in the attachment. The property referred to under step 1 shall be sold AT THE OPENING PRICE OF EUR 799,425.00, increased by public duties, taxes and all costs of sale related to this property 1

2 THE SECURITY DEPOSIT for the property referred to under step 1 shall be EUR 79,942.50, of which: - EUR 9, shall be credited to the transaction account of the debtor in deposit for STEP 1 ; - EUR 70, shall be credited to the transaction account of the debtor in Abanka d.d., purpose of transfer: Security deposit for STEP 1 ; If the sale is unsuccessful in step 1, the auction shall continue by selling the real estate separately from the movable property, namely: STEP 2 SALE OF REAL ESTATE at the address Zgornja Voličina 34, Voličina The first step involves the sale of real estate on lot no. 621/3, c.m. 553 ZGORNJA VOLIČINA (ID ) owned by the debtor in bankruptcy Interles d.o.o. in its entirety (1/1). The said real estate comprises 3 large warehouses, a commercial and administrative building and two large canopies. The property referred to under step 2 shall be sold AT THE OPENING PRICE OF EUR 500,000.00, increased by public duties, taxes and all costs of sale related to this property THE SECURITY DEPOSIT for the property referred to under step 2 shall be EUR 50,000.00, which shall be credited to the transaction account of the debtor in bankruptcy Interles d.o.o., no. 488/2013, IBAN: SI open with Abanka d.d., purpose of transfer: Security deposit for STEP 2 ; STEP 3 SALE OF ALL MOVABLE PROPERTY IN A SET The third step involves the sale of movable property* in a set, namely: - machinery and production line, and the stock of raw material for the manufacture of: o builders' carpentry and joinery in aluminium; o builders' carpentry and joinery in wood; o builders' carpentry and joinery in plastic; and 2

3 - office equipment. The property referred to under step 3 shall be sold AT THE OPENING PRICE OF EUR 299,425.00, increased by public duties, taxes and all costs of sale related to this property THE SECURITY DEPOSIT for the property referred to under step 3 shall be EUR 29,942.50, of which: - EUR 9, shall be credited to the transaction account of the debtor in deposit for STEP 3 ; - EUR 20, shall be credited to the transaction account of the debtor in Abanka d.d., purpose of transfer: Security deposit for STEP 3 ; If the sale of all movable property in a set is unsuccessful, the sale shall continue separately by production line, namely: STEP 4 SALE OF THE PRODUCTION LINE FOR BUILDERS' CARPENTRY AND JOINERY IN ALUMINIUM The property referred to under step 4 shall be sold AT THE OPENING PRICE OF EUR 63,955.00, increased by public duties, taxes and all costs of sale related to this property THE SECURITY DEPOSIT for the property referred to under step 4 shall be EUR 6,395.50, of which: - EUR 6, shall be credited to the transaction account of the debtor in deposit for STEP 4 ; - EUR shall be credited to the transaction account of the debtor in bankruptcy Interles d.o.o., no. 488/2013, IBAN: SI open with Abanka d.d., purpose of transfer: Security deposit for STEP 4 ; 3

4 STEP 5 SALE OF THE PRODUCTION LINE FOR BUILDERS' CARPENTRY AND JOINERY IN PLASTIC The property referred to under step 5 shall be sold AT THE OPENING PRICE OF EUR 139,255.00, increased by public duties, taxes and all costs of sale related to this property THE SECURITY DEPOSIT for the property referred to under step 5 shall be EUR 13,925.50, of which: - EUR 3, shall be credited to the transaction account of the debtor in deposit for STEP 5 ; - EUR 10, shall be credited to the transaction account of the debtor in Abanka d.d., purpose of transfer: Security deposit for STEP 5 ; STEP 6 SALE OF THE PRODUCTION LINE FOR BUILDERS' CARPENTRY AND JOINERY IN WOOD The property referred to under step 6 shall be sold AT THE OPENING PRICE OF EUR 52,350.00, increased by public duties, taxes and all costs of sale related to this property THE SECURITY DEPOSIT for the property referred to under step 6 shall be EUR 5,235.00, which shall be credited to the transaction account of the debtor in Abanka d.d., purpose of transfer: Security deposit for STEP 6 ; STEP 7 SALE OF OTHER MOVABLE PROPERTY The property referred to under step 7 shall be sold AT THE OPENING PRICE OF EUR 43,895.00, increased by public duties, taxes and all costs of sale related to this property 4

5 THE SECURITY DEPOSIT for the property referred to under step 2 shall be EUR 4,389.50, which shall be credited to the transaction account of the debtor in Abanka d.d., purpose of transfer: Security deposit for STEP 7 ; III. TERMS AND CONDITIONS OF THE PUBLIC AUCTION 1. Legal and natural persons may participate in the public auction, provided they pay the security deposit by the deadline prescribed in item 2 (below). 2. Every bidder shall pay the security deposit referred to in item II herein into the transaction accounts of the debtors in bankruptcy as stated in item II herein at least one (1) business day prior to the deadline for the public auction. 3. Instead of paying the security deposit, the bidder may submit, at least one (1) business day prior to the deadline for the public auction, an irrevocable bank guarantee payable on first demand, issued by a bank with registered office in the Republic of Slovenia or other EU member state, to the benefit of the debtor in bankruptcy Interles d.o.o. in bankruptcy, Kraigherjeva ulica 019, 2230 Lenart v Slov. goricah, as the beneficiary, transaction account: IBAN: SI , open with Abanka d.d., in the amount equalling the security deposit, to secure their obligation to pay a penalty for failing to meet the obligation of concluding a sales contract referred to in the eighth paragraph of Article 334 of the ZFPPIPP, referring to the subject of sale. The bank guarantee shall be valid for 110 days after the completion of the public auction procedure, namely 25 May 25 July The bank guarantee shall be submitted to the address St. Ing d.o.o., Plinarniška 4, 3000 Celje. This only applies to amounts exceeding EUR 20, The paid security deposit shall count toward the purchase price and the unsuccessful bidders shall be refunded the security deposit within 3 (three) business days of the completion of the public auction, without interest. 5. A successful bidder shall conclude a sales contract compiled according to the provisions of the ZFPPIPP, within three business days of the public auction and in line with Article 338 of the ZFPPIPP, and shall pay an advance within 5 business days, or the security deposit paid shall become an advance, denoting the conclusion of the sales contract. If the bidder fails to fulfil the obligations stated in this item, the paid security deposit shall be included in the bankruptcy estate. 6. After the conclusion of the sales contract, the buyer shall pay the full purchase price into the transaction account of the debtor in bankruptcy, namely within 60 days of the conclusion of the contract if the amount is higher than EUR 100,000.00, or within 30 days 5

6 if the amount is lower than EUR 100, The buyer may refuse to pay the purchase price until the court's decision approving the sales contract becomes final. If the buyer is more than 15 days late in paying the purchase price, the debtor in bankruptcy may withdraw from the sales contract without being obligated to extend the deadline for the buyer's payment of the purchase price. If the debtor in bankruptcy withdraws from the sales contract, the paid advance shall count toward the bankruptcy estate. 7. Before concluding the sales contract, the buyer shall submit a written statement saying there are no obstacles referred to in the first paragraph of Article 337 of the ZFPPIPP. A buyer who is claiming the legal pre-emptive right according to the ZFPPIPP need not make a written statement saying there are no obstacles referred to in Article 337 of the ZFPPIPP before concluding the contract with the debtor in bankruptcy. 8. Public duties and taxes, as well as the costs related to the conclusion of a legal transaction and the transfer of ownership, shall be paid by the buyer according to the applicable legislation. 9. The property bought shall be transferred to proprietary possession of the buyer after paying the full purchase price and all duties and costs of sale. 10. According to Article 342 of the ZFPPIPP (1) the payment of the purchase price shall result in the termination of the following rights of third parties to the property that is the subject of the sales contract: 1. a lien or a mortgage, and land debt, 2. the right to prohibition of alienation and encumbrance, and 3. personal easement, encumbrance or architectural right: if the title to the real estate that is the subject of the sales contract is restricted by mortgage or land debt: if acquired after the entry into effect of the registration of the earliest mortgage or land debt in the Land Registry; in other cases: if acquired after the entry into effect of the bankruptcy proceedings under Article 244 of the Act. 11. The provisions of the second and third paragraphs of Article 342 of the ZFPPIPP shall apply to the transfer of title to the real estate to the benefit of the buyer. Based on the proposal of the receiver, after payment of the purchase price, the court shall issue a decision on the handover of the real estate to the buyer, by which it decides that the conditions for the entry of title to the benefit of the buyer have been fulfilled. This final decision is a document that provides the basis for entering title to the benefit of the buyer and other entries under Article 89 in conjunction with Article 96 of the ZKK-1 (Land Registry Act). 12. A participant who was unsuccessful in the public auction or in the public call for bids, the creditor, the pre-emptive right holder or a third party shall not be entitled to exercise, either in bankruptcy proceedings or other proceedings: a claim for annulment or establishing the voidness of the sales contract, a claim for the conclusion of a sales contract with them under equal conditions; a claim for annulment or establishing the voidness of the legal transaction of disposition, whereby the title or other property right 6

7 was transferred to the buyer, or any other claim the exercise of which infringes on the rights acquired by the buyer by concluding or performing the sales contract. 13. Aspects of the public auction procedure that are not expressly regulated herein shall be directly subject to the provisions of insolvency law and the regulations referred to by this law in specific case. IV. RULES OF THE PUBLIC AUCTION The rules of the public auction, which are a constituent part of this public auction, are attached to this publication and published on the website V. OTHER The property under item I (and non-binding appraisal reports) may be inspected based on prior appointment with: - Aleš Weiksler, tel. no.: or weiksler@netbid.com or - Luka Lah, tel. no or luka.lah@e-si.si every business day between 10 a.m. and 2 p.m. Attachments: - General Terms and Conditions of participation in a public auction through the website - English translation of the General Terms and Conditions of participation in a public auction through the website - Detailed list of movable property 7

Družba za upravljanje terjatev bank, d.d., Davčna ulica 1, Ljubljana (hereinafter: the Seller ), hereby issues the following

Družba za upravljanje terjatev bank, d.d., Davčna ulica 1, Ljubljana (hereinafter: the Seller ), hereby issues the following INVITATION TO TENDER FOR THE PURCHASE OF CLAIMS AGAINST AGROSTROJ d.o.o. The