Assets of Entertainment Services Company

Sale of assets of Giga Entertainment Media, Inc. which includes:

1. all claims, causes of actions, and rights to recovery under Chapter 5 of the Bankruptcy Code, applicable local, state, federal or international law, regulation, rule or other authority (including, but not limited to shareholder derivative claims and breach of fiduciary duty claims), whether or not listed as an asset in the Seller’s bankruptcy schedules;
2. all books, records, documents and electronic media containing information of any type related to the Claims, except for any (i) books and records that the Seller is required by Law or contract to retain, including, without limitation, financial statements, and corporate or other entity filings; (ii) legal entity, minute books, stock ledgers, corporate seals, stock certificates and similar materials of the Seller; and (iii) documents exclusively relating to the Excluded Assets Section 2.2 of the APA;
3. all equipment (including office equipment), fixtures, and furnishings;
4. any and all internet domain names registered to the Seller, and any promotional materials;
5. to the extent assignable, all rights of the Seller under non-disclosure or confidentiality, non-compete, non-solicitation or similar agreements with any employees and agents of the Trustee or with third parties, except for any such rights of the Trustee to the extent pertaining exclusively to any Excluded Assets Section 2.2 of the APA;
6. to the extent owned by or subject to the control of the Seller, all Equity Interests in the Seller; and
7. to the extent transferable and to the extent primarily related to the Purchased Assets, the full benefit of all representations, warranties, guarantees, indemnities, undertakings, certificates, covenants, agreements and all security therefor received by the Seller in connection with the Purchased Assets;