NJOY, Inc.

In re: NJOY, Inc., Case No. 16-12076
United States Bankruptcy Court, District of Delaware

UpShot Services LLC dba JND Corporate Restructuring (“JND”) is no longer retained in this matter. This website is no longer being maintained by JND, but has been archived and certain content remains available for reference.

On September 16, 2016 (the "Petition Date"), NJOY, Inc. (the “Debtor”) filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code. The Debtor's case was assigned case no. 16-12076 and is pending before the Honorable Christopher S. Sontchi in the U.S. Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). Since the Petition Date, the Debtor has continued in possession and management of its business and properties as a debtor-in-possession.

The Debtor seeks to sell certain assets (collectively, the “Assets”). By order dated October 11, 2016 [Docket No. 138] (the “Bidding Procedures Order”), the Bankruptcy Court approved certain “Bidding Procedures” [Exhibit 1 to the Bidding Procedures Order] that govern the sale of all of the Assets to the highest and best bidders. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Bidding Procedures Order.

An auction (the “Auction”) for the Assets, including the Assumed Contracts, was conducted on November 2, 2016. Following the Auction, the Debtors filed the Notice of Successful Bids in Connection with Sale of Substantially all of the Debtors’ Assets [Docket No. 218] identifying the proposed acquirers of the Assets.

On November 15, 2016, the Bankruptcy Court entered the Order (A) Approving Asset Purchase Agreement and Authorizing the Sale of Assets of the Debtor Outside the Ordinary Course of Business, (B) Authorizing the Sale of Assets Free and Clear of All Liens, Claims, Encumbrances and Interests, (C) Authorizing the Assumption and Sale and Assignment of Certain Executory Contracts and unexpired Leases, and (D) Granting Related Relief [Docket No. 259] (the “Sale Order”).