Assets of Biotechnology Company

Auction Sale of substantially all of assets of InVivo Therapeutics Corporation (the “Seller”), which includes:

• All tangible assets, including, without limitation, (a) all fixtures, furniture, office supplies, and office equipment, (b) all computers, printers, servers, and other information technology equipment, (c) all machinery, tools and tooling, supplies, spare parts, packaging materials, and other operational and manufacturing equipment, (d) all fixtures, (e) (i) any raw materials (including work in process and inventory), finished goods and other product inventory in the possession or control of, or otherwise held by or on behalf of, or owned by Seller (for the avoidance of doubt, the Acquired Assets also include all manufactured product, packaging material, and any other similar assets relating to the Business which have already been paid for by Seller, and any assets that are under manufacture), (f) all signage, advertising materials, marketing materials, literature and manuals, (g) all Documents, and (h) all other tangible personal property;
• All intangible assets, including, without limitation, (a) all Acquired Avoidance Actions, (b) all claims, prepayments, deposits (including security deposits and equipment deposits), refunds, causes of action, choses in action, rights of recovery, rights of setoff, rights of recoupment, and prepaid items relating to or arising from the Acquired Assets or the Assumed Liabilities; (c) the Acquired Claims; (d) all warranties and similar rights, (e) all certificates, licenses, permits, franchises, rights, approvals, clearances, orders, exemptions, registrations, authorizations, and similar rights issued by any governmental entity or agency, (f) all intangible books, records, files, accounts, ledgers, correspondence, and communications, (g) all rights under contracts, agreements, and instruments that are not Executory Contracts, including, without limitation, all rights under non-disclosure and confidentiality agreements that are not Executory Contracts and all rights under insurance contracts and to insurance proceeds for claims under such insurance contracts arising after the Closing Date (and to insurance proceeds relating to such claims) to the extent that the insurance proceeds are related to other Acquired Assets, (h) all good will, and (i) all other intangible personal property; and
• To the extent not included in the foregoing, all Seller Owned Intellectual Property.