Litigation Claims for Sale

Sale of Oklahoma Litigation Matters in which the Debtors have an interest are as follows:

• Case No. CJ-2014-0108 filed by BFN Operations against Sanders Nursery & Distribution Center, Inc. (“Sanders”) in the District Court for Wagoner County, Oklahoma, which is currently on appeal in the Court of Civil Appeals, Tulsa, Divisions 2 and 4 (the “Sanders Lawsuit”) and its progeny;
• Case No. CV-014-29 filed by Berry and Berry Acquisitions, L.L.C. d/b/a Park Hill Nursery (“Park Hill”) Burl R. Berry, and Bob R. Berry (collectively, the “Berry Parties”) against BFN Properties and BFN Operations (the “Seller Parties”) in the District Court for Cherokee County, Oklahoma, which is currently on appeal in the Supreme Court of Oklahoma (the “Park Hill Lawsuit”) and its progeny;
• Case No. CJ-2015-144 filed by BFN Operations in the District Court for Cherokee County, Oklahoma, which is currently abated pending a ruling by the Supreme Court of Oklahoma on the Park Hill Litigation (the “BFN Lawsuit”) and its progeny;
• Any and all interests that the Seller may have in the bankruptcy estate of Sanders Nursery & Distribution Center, Inc. (the “Sanders Bankruptcy”), Case No. 15- 81312, filed in the United States Bankruptcy Court for the Eastern District of Oklahoma, Okmulgee Division, including, but not limited to, its claim filed Sanders Bankruptcy and any interest in the outcome of Adversary Proceeding No. 15-08021-TRC filed by Sanders against Seller BFN Operations, LLC.