GemCap Solutions, LLC to Auction Certain Personal Property of Tolliver Ranch Brands, LLC (DBA Tooth & Nail Wine Company) Via Public Sale

SAN ANTONIO, Texas, Sept. 05, 2025 (GLOBE NEWSWIRE) -- Pursuant to Section 9-610 of the Uniform Commercial Code, GemCap Solutions, LLC, as servicer and attorney-in-fact for secured party GemCap Holdings, LLC (the “Secured Party”) will hold a secured party public sale to the highest and best bidder for cash, with reserve, to be conducted telephonically by the Secured Party on Tuesday, September 16, 2025 at 11:00 a.m. Central Standard Time (the “Public Sale”). Qualified Bidders (defined below) may attend the Public Sale telephonically.

The Secured Party is conducting the Public Sale to foreclose on the security interest held by the Secured Party in and to some, but not all, of the personal property assets of Tolliver Ranch Brands, LLC (dba Tooth & Nail Wine Company) (the “Borrower”), including (i) inventory, but specifically excluding all wine barrels, and any grapes, must and finished wine that remain subject to growers’ liens that have not been subordinated or released (“Inventory”), (ii) accounts receivable (“Accounts Receivable”), and (iii) general intangibles and intellectual property, including, without limitation, the following trademarks and trade names: “Tolliver Ranch”, “Tooth & Nail”, “Tooth & Nail Castle”, “Destinata”, “Stasis”, “The Glutton”, “Amor Fati”, “The Possessor”, “We Press On”, “The Stand”, “The Fragrant Snare”, and “The Fiend” or any derivations thereof; the following domain names: toothandnailwine.com and derivations thereof; the Borrower’s customer list; and any and all other conveyable general intangibles and intellectual property (collectively, the “Intellectual Property”). The Inventory, Accounts Receivable, and Intellectual Property are collectively referred to as the “Public Sale Collateral”.

The Secured Party is conducting the Public Sale to foreclose the lien and security interest held by the Secured Party in and to the Public Sale Collateral only, but Secured Party’s lien and security interest on the remainder of Borrower’s personal property, including any inventory and equipment that is not part of this Public Sale, shall remain. At the Public Sale, all of Borrower’s right, title and interest in and to the Public Sale Collateral will be sold “as is” and “where is” and the Secured Party shall make no representation or warranty, either express or implied, relating to title, use, quiet enjoyment, possession, merchantability or fitness for a particular purpose, completeness, condition or the like, all of which are hereby disclaimed, in the sale or disposition of the Public Sale Collateral. In addition, the Public Sale Collateral is being sold (i) free and clear of Secured Party’s liens and any subordinate security interests, and (ii) without recourse to Secured Party, its attorneys and representatives. The Public Sale of the Public Sale Collateral, if made, shall be to the bidder with the highest and best offer as determined by Secured Party.

In order to participate in the bidding process, each person or entity (a “Potential Bidder”) must deliver to the undersigned (i) an executed confidentiality agreement in form and substance acceptable to Secured Party, (ii) current financial statements of the Potential Bidder or other evidence acceptable to Secured Party that will show the financial ability of the Potential Bidder to purchase the Public Sale Collateral and such other information as the Secured Party shall require to show proof of the Potential Bidder’s ability to close the Public Sale, (iii) a completed and executed Asset Purchase Agreement in the form provided by Secured Party, and (iv) a deposit in an amount equal to ten percent of the bid amount which will be held in escrow by Secured Party. A Potential Bidder that complies with the foregoing requirements shall be deemed a “Qualified Bidder”. Those Qualified Bidders participating at the Public Sale shall be provided with the telephone number and passcode to attend the Public Sale and shall be given the opportunity to bid on a competitive basis.

At the Public Sale, the Inventory may be offered for sale in separate lots and will be offered as a single lot. At the conclusion of the Public Sale, the successful bidder(s) must pay the final bid amount in full by a wire transfer of funds to the Secured Party. The Secured Party reserves the right to credit bid on any or all of the Public Sale Collateral at the Public Sale. The Secured Party reserves the right to reject all bids, adjourn or cancel the Public Sale.

For further details regarding the Public Sale Collateral, obtaining the confidentiality agreement and the form asset purchase agreement, and information regarding the Public Sale, including a detailed listing of the Inventory, Accounts and Intellectual Property being sold, you may contact either David Ellis by email at dellis@gemcapsolutions.com or by telephone at (310) 494-1437 or Michael Berens, Esq. by email at mberens@gmail.com or by telephone at (530) 304-6922.

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