Claims and Causes of Action for Sale

Sale of The Assigned Claims consist of all claims and causes of action (the “Assigned Claims”) held by the Bankruptcy Estate that arose before the Seller’s bankruptcy filing on September 11, 2015 (the “Petition Date”) other than the Excluded Claims. The term “Excluded Claims” shall mean any and all claims against Cesari & McKenna, Eaton Peabody, Caseiro Burke, Lanham, Rayne, Hamilton Brook, Smith & Reynolds, Woolwich Self Storage, the Trustee, and Verrill Dana, or the agents, attorneys, officers, directors, equity holders, employees, subsidiaries, successors and affiliates of any of them in such capacity. The Assigned Claims shall include, without limitation, all claims and causes of action held by the Seller and the Bankruptcy Estate that arose prior to the Petition Date against the following persons and entities, and the agents, attorneys, officers, directors, equity holders, employees, subsidiaries, successors, and affiliates of all of them: Advanced Cardiac Therapeutics, Inc., Abbott Laboratories, New Enterprise Associates, Volcano Capital, NBGI Private Equity, Lynch Brewer Hoffman & Fink, Forge 360, and Oliver Smith.