PUBLIC NOTICE OF 363 SALE: TopPop, LLC

PUBLIC NOTICE OF SALE OF ASSETS UNDER BANKRUPTCY CODE SECTION 363: TOPPOP, LLC

On June 28, 2023 TopPop, LLC dba TopPop Packaging (“TopPop”), a processor and packager of alcoholic and non-alcoholic beverages into single serve soft containers for various private label vendors throughout the United States and Canada, filed for protection under Chapter 11 (Subchapter V) in the United States Bankruptcy Court for the Eastern District of New York (In re TopPop LLC, Case # 8-23-72310-ast). TopPop maintains its manufacturing facilities in Pennsauken, New Jersey and Marlton, New Jersey respectively.

On October 17, 2023, TopPop filed a motion to sell substantially all of its assets to ActionPak, Inc. (The “Stalking Horse”) The motion appears on the Court docket as ECF#60. The proposed Stalking Horse Asset Purchase Agreement is annexed to the motion as well as a list of the assets included in the proposed sale.

The Stalking Horse Bid is $1,500,000.00. Under the terms of the Bid Procedures Order, the Bid is subject to a breakup and administrative fee reimbursement of $100,000.00. The opening Qualified Bid (as defined in the Bid Procedures) as set forth in the Order, must be a minimum of $1,600,000.00.

All interested parties should carefully read the Motion, the Asset Purchase Agreement, Asset List, Bidding Procedures Order and the Bidding Procedures in their entirety. Copies of the these documents are available upon request to the Debtor’s counsel, Richard S. Feinsilver, Esq., One Old Country Road, Suite 347, Carle Place, New York 11514 516-873-6330 [email protected]. or may be obtained on the Court’s website: https://ecf.nyeb.uscourts.gov/. Any interested bidder should contact the Debtor’s counsel directly at 516-873-6330 or [email protected]. Physical inspection of the assets may be scheduled upon request.

SPECIAL NOTE: PLEASE TAKE NOTICE OF THE FOLLOWING INFORMATION AND IMPORTANT DEADLINES IN CONNECTION WITH THE SALE, WHICH DATES AND DEADLINES SUPERSEDE ANY DATES AND DEADLINES SET FORTH IN THE MOTION
PREVIOUSLY FILED AND SERVED BY THE DEBTOR.

The current dates and deadlines set by the Court at the hearing held on October 25, 2023 are as follows:

Bid Deadline November 20, 2023
Sale Objection Deadline November 29. 2023
Auction, if Required November 29, 2023 (Via Zoom)
Notice of Successful Bid December 1, 2023
Sale Hearing December 5, 2023
Outside Closing Date December 19, 2023

In re TopPop LLC dba TopPop Packaging 8-23-72310-ast – USBC-EDNY