Assets of Construction Services Business

Auction Sale of substantially all of assets of Strike, LLC (the “Seller”), which includes:

• All Accounts Receivable (including Inter-Company Receivables);
• All Documents used in or relating to the Business or in respect of any of the Purchased Assets or any of the Assumed Liabilities (including customer data and emails);
• (i) all Contracts designated by the Purchaser in a Designation Notice delivered by the Purchaser to the Sellers pursuant to Section 1.5(a) to be included in the definition of “Assigned Contracts” (and which designation was not revoked or rescinded by a subsequently delivered Designation Notice) and (ii) all Specified Contracts (the Contracts referred to in this Section 1.1(c), together with the Assumed Real Property Leases, collectively, the “Assigned Contracts”);
• All deposits, advances, deferred assets, rights to refunds, credits, rights to recover overpayments and all prepaid charges, Taxes and expenses of such Seller, including
• Security deposits with third party suppliers, vendors, service providers or landlords, and lease and rental payments, (ii) rebates, (iii) tenant reimbursements, (iv) prepaid Taxes (including ad valorem Taxes, personal property Taxes and real estate Taxes), and (v) pre-payments, except to the extent that any of the foregoing relate solely to any Excluded Asset (including a Non- Assigned Contract) or Excluded Liability;
• All Equipment;
• (i) the names “Strike”, “Capstone”, “Delta” and “Crossfire”, (ii) the names of any of the Sellers and (iii) any confusingly similar derivations of any thereof (collectively, the “Purchased Names”);
• All Real Property Leases designated by the Purchaser in a Designation Notice delivered by the Purchaser to the Sellers pursuant to Section 1.5(a) to be included in the definition of “Assumed Real Property Leases” (and which designation was not revoked or rescinded by a subsequently delivered Designation Notice) (such Real Property Leases referred to in this Section 1.1(g), collectively, the “Assumed Real Property Leases” and the underlying Leased Real Property, the “Assumed Leased Real Property”);
• All Permits and all pending applications or filings therefor and renewals thereof and all rights and incidents of interest therein;
• All rights under non-disclosure or confidentiality, non-compete, nonsolicitation, non-interference, non-disparagement or similar agreements or arrangements or clawback arrangements to which such Seller is a party or with respect to which such Seller is a beneficiary or has any rights thereunder (but excluding any Non-Assigned Contracts and Excluded Plans), including any such agreement with current or former directors, managers, officers, employees or agents, or with third parties (including any Preliminary Interested Investor (as defined in the Bidding Procedures) or Bidder (as defined in the Bidding Procedures));

Assets are more particularly described from Page No. 56-58 on the attached PDF.