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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA In re: § CASE NO. 26-10678 § (JOINTLY ADMINISTERED) CROSBY MARINE TRANSPORTATION, LLC, § § CHAPTER 11; COMPLEX CASE § COMPLEX CASE § Debtors. § SECTION: A NOTICE OF SALE OF THE DEBTORS’ ASSETS FREE AND CLEAR OF ANY AND ALL CLAIMS, INTERESTS, AND ENCUMBRANCES PLEASE TAKE NOTICE the above-captioned debtors and debtors in possession (collectively, the “Debtors”) are soliciting offers, potentially at an auction, for a transaction or transactions, any of which may include the purchase of some or all of the Debtors’ Assets, consistent with the bidding procedures (the “Bidding Procedures”) approved by the United States Bankruptcy Court for the Eastern District of Louisiana (the “Court”) by entry of an order on July 21, 2026 [ECF Doc. 665] (the “Bidding Procedures Order”). All interested bidders should carefully read the Bidding Procedures and Bidding Proce- dures Order. To the extent that there are any inconsistencies between this notice and the Bidding Procedures or the Bidding Procedures Order, the Bidding Procedures or the Bidding Procedures Order, as applicable, shall govern in all respects. Copies of the Bidding Procedures Order or other documents related thereto, including any Stalking Horse Agreement or an exhibit identifying the Assets, as applicable, are available upon request to Stretto by calling (833) 307-4262 (Toll Free) or +1 (916) 405-7847 (Interna- tional) or visiting the Debtors’ restructuring website at (https://cases.stretto.com/crosby/) PLEASE TAKE FURTHER NOTICE that the Bid Deadline is August 7, 2026, at 5:00 p.m. (prevailing Central Time), as the deadline by which all binding bids must be actually received by the Debtors, and that any person or entity who wishes to participate in the Auction must comply with the participation requirements, bid requirements, and other requirements set forth in the Bidding Procedures. PLEASE TAKE FURTHER NOTICE that the Debtors intend to conduct the Auction, at which time they will consider proposals submitted to the Debtors and their professionals, by and pursuant to the Bidding Procedures as set forth in the Bidding Procedures Order, with the first day of the Auction (if any) to start on August 13, 2026, at 10:00 a.m. (prevailing Central Time) and continuing through August 14, 2026, as necessary, in person at a location to be disclosed in writing to the Qualified Bidders and the Consultation Parties. Each Qualified Bidder shall attend the Auction in person through at least one repre- sentative, unless the Debtors agree to another method of appearing at the Auction, after consultation with the Consultation Parties. PLEASE TAKE FURTHER NOTICE that no later than twenty-four (24) hours after the con- clusion of the Auction, the Debtors shall (a) file notice of the Successful Bid(s) and the Successful Bidder(s) with the Court (the “Post-Auction Notice”), which Post-Auction Notice shall include a list of any executory contract and leases to be assumed and assigned. PLEASE TAKE FURTHER NOTICE that the Debtors expect to seek approval of any Sales at the Sale Hearing, on August 31, 2026 at 9:00 a.m. (prevailing Central Time), or such other date and time as the Court’s calendar permits before the Honorable Meredith S. Grabill in the United States Bankruptcy Court, 500 Poydras Street, Courtroom B-709, New Orleans, LA 70130. PLEASE TAKE FURTHER NOTICE that, except as otherwise set forth in the Bidding Pro- cedures Order with respect to objections to proposed cure amounts or the assumption and assignment of As- signed Contracts, objections, if any, to a proposed Sale must: (a) be in writing; (b) conform to the applicable provisions of the Bankruptcy Rules and the Bankruptcy Local Rules; (c) state with particularity the legal and factual basis for the objection and the specific grounds therefor; and (d) be filed with the Court by August 24, 2026 at 4:00 p.m. (prevailing Central Time). CONSEQUENCES OF FAILING TO TIMELY MAKE AN OBJECTION ANY PARTY OR ENTITY WHO FAILS TO TIMELY MAKE AN OBJECTION TO A SALE ON OR BEFORE THE SALE OBJECTION DEADLINE IN ACCORDANCE WITH THE BIDDING PROCEDURES ORDER SHALL BE FOREVER BARRED FROM ASSERTING ANY OBJECTION TO SUCH SALE, INCLUDING WITH RESPECT TO THE TRANSFER OF THE SELLING DEBTORS’ ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANC- ES, AND OTHER INTERESTS, EXCEPT AS SET FORTH IN THE APPLICABLE PURCHASE AGREEMENT(S). NO SUCCESSOR OR TRANSFEREE LIABILITY The Sale Order is expected to provide, among other things, that the Successful Bidder from the Sale will have no responsibility for, and the Assets will be sold free and clear of, any successor liability, including the following: To the greatest extent allowable by applicable law, the Successful Bidder shall not be deemed, as a result of any action taken in connection with the Stalking Horse Agreement (in the case where a Stalking Horse Bidder is the Successful Bidder) or a separate purchase agreement entered into with the Successful Bidder (if a Stalking Horse Bidder is not the Successful Bidder), the consummation of the Sale, or the transfer or operation of the Assets, to (a) be a legal successor, or otherwise be deemed a successor to the Debtors (other than with respect to any obligations as an assignee under the Assigned Contracts arising after the Effective Date); (b) have, de facto or otherwise, merged with or into the Debtors; or (c) be an alter ego or mere continuation or substantial continuation of the Debtors, in the case of each of (a), (b), and (c), including, without limitation, within the meaning of any foreign, federal, state or local revenue law, pension law, the Employee Retirement Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, the WARN Act (29 U.S.C. §§ 2101 et seq.), the Fair Labor Standard Act, Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination and Employment Act of 1967 (as amended), the Federal Rehabilitation Act of 1973 (as amended), the National Labor Relations Act (29 U.S.C. § 151, et seq.), environmental liabilities, debts, claims or obli- gations, any liabilities, debts or obligations of or required to be paid by the Debtors for any taxes of any kind for any period, labor, employment, or other law, rule or regulation (including without limitation filing requirements under any such laws, rules or regulations), or under any products liability law or doctrine with respect to the Debtors’ liability under such law, rule or regulation or doctrine. All rights of any party to set off any claims, debts or obligations owed by or to the Successful Bidder in connection with the Assets shall be extinguished on the Effective Date pursuant to the Sale Order. Other than as expressly set forth in the Stalking Horse Agreement (or another Successful Bidder’s purchase agreement, as applicable) with respect to Assumed Liabilities, the Successful Bidder shall not have any responsibility for (a) any liability or other obligation of the Debtors or related to the assets or (b) any claims (as such term is defined by section 101(5) of the Bankruptcy Code) against the Debtors or any of their predecessors or affiliates. To the greatest extent allowed by applicable law, the Successful Bidder shall have no liability whatsoever with respect to the Debtors’ (or their predecessors’ or affiliates’) respective businesses or operations or any of the Debtors’ (or their predecessors’ or affili- ates’) obligations based, in whole or part, directly or indirectly, on any theory of successor or vicarious liability of any kind or character, or based upon any theory of antitrust, environmental, successor or transferee liability, de facto merger or substantial continuity, labor and employment or products liabil- ity, whether known or un-known as of the Effective Date, now existing or hereafter arising, asserted or unasserted, fixed or contingent, liquidated or unliquidated, including liabilities on account of any taxes arising, accruing or payable under, out of, in connection with, or in any way relating to the operation of the Assets prior to the Effective Date. PLEASE TAKE FURTHER NOTICE that the Debtors reserve the right, after consultation with the Consultation Parties and in their reasonable business judgment and subject to the exercise of their fiduciary duties, to modify the Bidding Procedures and/or to terminate discussions with any Potential Bid- ders at any time, to the extent not materially inconsistent with the Bidding Procedures. PLEASE TAKE FURTHER NOTICE that copies of the Bidding Procedures Motion, Bidding Procedures, and Bidding Procedures Order, as well as all related exhibits, are available: (a) free of charge upon request to Stretto (the notice and claims agent retained in these chapter 11 cases) by (i) calling (833) 307-4262 (Toll Free) or +1 (916) 405-7847 (International); or (ii) visiting the Debtors’ restructuring website at (https://cases.stretto.com/crosby/); or (b) for a fee via PACER by visiting http://www.laeb.uscourts.gov.
Post Date: 07/29 12:00 AM
Refcode: #IPL0360634 
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