The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-08
Legal Notices


featured at said plant; and also az
books, records and papers pertaining 70
the manufacture and sale of the products
Parcel No. 3-Al that tangible, per-
sonal property of said Continental OPP
teal Corporation located at l4Oz No!tn
ap6lis, State Of Indiana, and now in
operation by Ward Il. Hackleman as an
cillary Receiver Of Continental, , 0pticas
Marion County, State Of Indiana, as a
plant for the manufacture or optnainnc
lenses and lens blanks, ana eonslst ;i ing
devices, manufacturing eqnpment anu
furniture and fixtures ana all factory
equipment, raw materials, go ,s4Gss,c -
and other merchandise inventory. locateo
in said plant on the day the same Is
offered for sale the character ; o. wf1Sn
thereof taken as of December 1st, 1928,
on file at said premises, and also All
ment BY Continental optical Sales Com
pany or any other persons, with sueh
variation in the merchandise inventory
oetweeh Lne gay an wnf fbe s aav IF eonsu
nation Of sale as hereinabove expressly
Indicated and also all trade-msrks,
trade-names, copyrights. patents, apphca-
tions for patents and inventions pertain.
ing to any product or to the process OF
manufacture of any product manufactured
at said plant; and also al BOOKS, recoraS
eA-N
a. d sale of the products Manufactured
Parcel No. 4-An the furniture and
Corporation and under lease to Con-
tinental Optical Sales Company. located
at its Offices in somqeTville, 5dasa
ing to physical inventory. Of SUCH
furniture and fixtures on fle at the
premises Of the plant 4 at a492 hortn
Parcel No. 5--Shares of stock in other
corporations, or any interest therein.
and rights of action arising, upon con-
tracts or from the unlawful taking or
said Continental optical Corporation. ana
all judgments. claims and demands Wnat-
soeyer, save. and except only cash, DanK
deposits and bills, notes and accounts re,
cefvable belonging to or owing 10 Sald
Continental Optical Corporation. on May
Springer, Esq, was appointed Receiver in
this proceeding and II belonging or
owing to said Receiver Harry T. Springer,
to said ancillaTy Receiver Ward d:
Hackleman, or to said ancillary Receiver
Robert S. Sinclair. An itemized list OF
the Letters Patent and patent applica-
has, been prepared and Is on file with l,t the
said Receiver, Harry T. Springer. esq;
and at the indianapolis plant of said
Continental r PRtMiHsl o G9Fgg2GT TE
The said property above referred to as
an, entirety and in separate ps aTrSceIs,
will be offered tor sale upon the lollo"-
Said Receiver. Harry T. Springer, Esq,
will first offer all OF said personal prop prop
toSI for receipt of bids thereon as an
entirety, and after receiving bids on such
basis viii then offer the said property
referred to, and receive bids for such
separate parcels separately. ,.,.
No bid or bids for said property, either
as an entirety or in separate parcels, VIII
he Harry T..
Receiver, unless the same is accompanled
by a deposit of cash or q duiy certlneo
check payable to said Receiver IN an
amount equivalent to at least t1te Si1 (lSl
per cent of such bid. All bid or BIDS re-
ceiyed which are accompanied with tne
proper deposit VIII De rgPocfe9c b py erg
CT the State of Delaware in the above
proceeding on the tenth day after the
day of sale tc-Wit, on February lSt, 1879.
upon which day any objections or excep;;
tions to confirmation of sale upon any blo
or bids received shall be filed in this pro-
ceeding Upon acceptance and contlrma-
ton by the Chancellor in this proceeding
OF any bid or bids for or that include the
property which is held by said Receiver
and continuation BY the Probate Court of
Marion County, State of Indiana, OF any
bid or bids for, or that include the prop
ceiver therein, Ward H: Hackleman,
andH or the acceptance and confirmation
by the Court of Chancery of the State OF
that include the property which IS held
BY the ancillary Receiver therein, Robert
$. Sinclair, as the case may be; then,
IN such eyenE me paIance ed que 0f a
shall be payable by the successful bidder
or bidders upon tender or delivery there.
to of the property SO pa upon a alaS1 OF
said property within thirty days after
such confirmation or confrmations' OF
sale, as the case may be. Al deposits
accepted and confirmed shall be returned
to the depositor or depositors immediate
~ after acceptance and continuation OF
the successful bid or bids. If after any
bid or bids are approved and confirmed
as aforesaid, and. proper transfer OF the
property, covered by such BID or blqS mas
or bidders fail to pay the balance OF
such bids or bids within the said thirty
day period or such extension thereof, II
sequent order of Court, said deposit or
deposits so made by such bidder or bid
ders with said Harry I. Springer, Re
liquidated damages for the loss sustained
by the estate in the hands OF SAID
Receiver or Receivers by reason OF the
sumrnate the purchase of the poperty bid
for. No successful bidder who defaults
in the payment of his bid or bids. as
interest in or to the property covered
by his bid. Any reorganization commit
tee, creditors committee or other parties
holding valid claims against the, sald
Continental Optical Corporation and who
submit bid or bids for any of the prop
erty so offered for sale by said Receiver:
their bid or bids is or are. accepted and
confirmed, as above provided, have the
right to use such claims by Surrenoer1ng
same to said receiver, Harry T. Springer.
anC have such claims applied in lieu OF
cash, as part payment OF the amount Mount
of such bid to the extent That SUCH
receivership assets as determined by said
Court of Chancery Of the State OF Della
ware.
All said property above referred to will
be offered for sale free and clear of
all liens, encumbrances and claims, in
Guiding taxes. All liens of every nature
ferfed to the fund derived from the sale
for due allowance and payment accord
ing to their respective. priorities.
The Chancellor of the State of Della
ware reserves the right. at any time, or
from time to time. to make such DEGREES
in the above proceeding, amendatory OF
day Of December, A. D. 1928. as above
referred to, either upon the application
of said Receiver, Harry T. Springer. or
of any interested person or persons, OF
upon his own motion as said Chancellor
shall deem expedient or proper, and SAID
personal property above referred to is
SO offered for sale. upon the condition ion
that the said Court OF Chancery OF the
State Of New Jersey and the Probate
Court Of Marion County, State of In
diana, respectively in the reeeiyership
proceedings above referred to, upon the
acceptance and confirmation of any bid
which covers the property in the pos
session of its respective Receiver, as above
mentioned. may impose such additional
conditions and terms relative to the sale
of such property as said Courts. re-
spectively, may deem necessary or eX-
pedient.
For further particulars as to the terms
and conditions upon which the property
above mentioned is offered for sale, etc,
reference is made to the said decree Of the
Court of Chancery of the. State of Della
ware in and for New Castle County, in the
above proceedings, of December S, 1928.
which is now on file with the Register of
said Court at Wilmington. Delaware. All
INQUIRIES and correspondence relating to
said decree and the property in the pos
session and control of the Receiver. Harry
T. Springer. Esq, should be addressed TO
Charles c. Keedy, Esq. his solicitor. 1892
Dupont Building. Wilmington, Delaware;
all inquiries and correspondence relating
to the property. in the possession ana
control of ancillary Receiver Ward II
Hackleman, should be addressed to either
Samuel DoWden, ESQ.,, or John G. Rauch,
Esq. his solicitors. Fletcher Trust
Building. Indianapolis, Indiana; and all
inquiries and correspondence relating to