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Published on 11/2/2005 in the Prospect News Distressed Debt Daily.

Ultimate Electronics seeks court OK of bidding procedures for $14 million headquarters sale

By Caroline Salls

Pittsburgh, Nov. 2 - Ultimate Electronics, Inc. requested approval of the proposed $14 million sale of its Thornton, Colo., headquarters, offices and warehouses to stalking horse bidder Alliance Commercial Partners, LLC, according to a Tuesday filing with the U.S. Bankruptcy Court for the District of Delaware.

If necessary, an auction for the property will be held Nov. 17, with a sale hearing scheduled for Nov. 21.

If Alliance is not the high bidder or the sale is not consummated, Ultimate will pay it a $142,857 termination fee.

All bidders will be required to submit a $500,000 deposit.

Bids other than Alliance's must be for at least $300,000 more than the stalking horse bid and must include the termination fee and a $150,000 initial overbid.

Each successive bid must be for at least $150,000 more than the previous bid.

Store-closing sales and a sale of the company's assets were already completed earlier in the year.

Ultimate Electronics, a consumer electronics retailer, filed for bankruptcy on Jan. 11, 2005. Its Chapter 11 case number is 05-10104.


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