TERMS OF SALE
All bidders must register and provide proper identification. The successful bidder shall pay 100% of the purchase price, including the Buyer's Premium, by wire transfer only, within one (1) business day following the auction and execution of the Purchase Agreement. Wire transfer instructions will be provided by The Steffen Group. All funds shall be held by the Auctioneer in escrow pending completion of the liquor license transfer, subject to the terms of the Purchase Agreement and applicable law.
A 10% Buyer's Premium will be added to the final bid price to determine the total purchase price. No personal checks, cash or other forms of payment will be accepted. Failure to remit payment within the required timeframe shall constitute Buyer default, subject to the terms of the Purchase Agreement.
ACCEPTANCE OF BID
The liquor license is selling subject to Seller's confirmation and acceptance of the final bid. Upon acceptance, the successful bidder shall be required to execute a Purchase Agreement immediately following the conclusion of online bidding. The sale and transfer shall be subject to all applicable laws and approval by the Indiana Alcohol & Tobacco Commission (ATC).
TRANSFER FEES
The Buyer shall be responsible for all costs and fees associated with the transfer of the liquor license, including but not limited to state transfer fees, attorney fees, processing fees, application fees and any other expenses necessary to complete the transfer.
LICENSE TRANSFER REQUIREMENTS
The Buyer shall, at Buyer's sole expense, retain qualified legal counsel or a permit transfer processor and submit a complete application for transfer of the liquor license to the Indiana Alcohol & Tobacco Commission within fifteen (15) calendar days following execution of the Purchase Agreement.
The Buyer shall diligently pursue approval of the transfer, promptly respond to all requests for additional information, attend all required hearings and provide all documentation necessary to complete the transfer.
The Seller agrees to reasonably cooperate with the transfer process and execute all necessary documents required of the Seller.
The Buyer acknowledges that approval of the transfer is subject to the Indiana Alcohol & Tobacco Commission and that neither the Seller nor Auctioneer makes any representation or guarantee regarding the Buyer's eligibility or approval.
TRANSFER DEADLINE
The parties shall use commercially reasonable efforts to complete the liquor license transfer within ninety (90) days following execution of the Purchase Agreement.
Delays resulting solely from governmental processing shall not constitute Buyer default, provided the Buyer has timely fulfilled all obligations and continues to diligently pursue approval.
Failure of the Buyer to submit the required application, provide requested documentation, attend required hearings or otherwise cooperate with the transfer process shall constitute Buyer default, subject to any applicable notice and cure provisions in the Purchase Agreement.
ESCROW & NONREFUNDABLE DEPOSIT
The Buyer shall deposit 100% of the purchase price, including the 10% Buyer's Premium, with the Auctioneer by wire transfer within one (1) business day following the auction and execution of the Purchase Agreement.
THE DEPOSIT SHALL BE NONREFUNDABLE IN THE EVENT OF BUYER DEFAULT, including but not limited to:
Failure to qualify for the liquor license transfer.
Denial of the transfer due to the Buyer's qualifications, eligibility or circumstances.
Failure to timely submit the required transfer application.
Failure to provide required documentation or information.
Failure to attend required hearings or cooperate with the transfer process.
Withdrawal or abandonment of the transfer application by the Buyer.
Failure or refusal to complete the transaction in accordance with the Purchase Agreement.
In the event the transfer cannot be completed due solely to the Seller's default or inability to convey the license as agreed, the Buyer's deposit shall be refunded.
The disposition of escrowed funds following a default shall be governed by the Purchase Agreement and applicable law.
DISBURSEMENT OF FUNDS
Upon final approval and legal effectiveness of the liquor license transfer, the Auctioneer shall promptly disburse the escrowed purchase funds in accordance with the Purchase Agreement and applicable escrow requirements.
The parties agree to cooperate in completing the transfer as expeditiously as reasonably possible to avoid unnecessary delays in the disbursement of funds to the Seller.
FREE & CLEAR TRANSFER
The Seller warrants that the liquor license shall be transferred free and clear of any liens, encumbrances, claims or protests attributable to the Seller.
The Seller shall be responsible for satisfying any outstanding obligations attributable to the Seller that must be resolved in order to complete the transfer.
BUYER'S DUE DILIGENCE
The Buyer is solely responsible for investigating the liquor license, its permitted uses, restrictions, qualifications, location requirements and transfer procedures prior to bidding.
The Buyer acknowledges that the liquor license is subject to applicable state and local laws and regulations, and that its transfer or use at another location may require additional approvals.
The Buyer's obligation to complete the purchase shall not be contingent upon obtaining financing or securing a particular location for operation.
NOTE
All information contained in auction advertising, brochures and other materials is believed to be reliable; however, neither the Auctioneer nor