Claims and Causes of Action for Sale

Sale of the seller’s rights and interests further described as (the “Claim Against Tenant”):

All claims and causes of action held by the seller's Estate against Border Wholesale, Inc. (d/b/a Border Cash & Carry, Inc.) and its current and former affiliates, officers and directors, members, managers, insiders (whether statutory or non-statutory insiders), guarantors (including, but not limited to, Sayed Hussain Nasafi as guarantor ("Guarantor") under the Lease (defined below)), employees, related persons, individual agents, professionals, advisors and consultants (for each of the foregoing in such entity’s capacity for Border Wholesale, Inc. and/or Border Cash & Carry, Inc., as applicable), including, but not limited to, (i) all statutory claims and related theories of recovery, including, but not limited to, (a) claims under the Bankruptcy Code, including any claims under 11 U.S.C. §§ 509, 510, 542, 543, 544, 547, 548, 549, and 550, (b) claims pursuant to the Texas Business and Commerce Code, and (c) fraudulent transfer claims under all applicable law; (ii) all claims and causes of action relating to any counterclaim, demand, controversy, cost, debt, sum of money, account, reckoning, bond, bill, damage, obligation, liability, objection, legal proceeding, equitable proceeding, and execution of any nature, type, or description at law or in equity, in contract, in tort, or otherwise, known or unknown, suspected or unsuspected; and (iii) all claims or causes of action related to any matter listed on the Schedules or Statements of Financial Affairs of the seller, including all attachments and amendments thereto. For the avoidance of doubt, the foregoing claims and causes of action include (i) any and all recovery actions against Border Cash & Carry, Inc. for unpaid rent owing to the Debtor’s Estate as of and following the Petition Date, as well as the payment, settlement, or release of any rent owed to the seller's Estate and received or compromised by the Debtor out of possession under the Industrial Center Lease dated August 30, 2017 (the “Lease”) between WC Alamo Industrial Center LP as landlord and Border Cash & Carry, Inc. as tenant ( “Tenant”) and (ii) all rights and claims of the seller's Estate under the Lease and related guaranty against both Tenant and Guarantor, including, but not limited to, the right to indemnification in Section XVI of the Lease, the right to attorney’s fees in Section XXII of the Lease, and all other remedies included in the Lease.