Assets of Florida Boat Manufacturer

Sale of all assets of Barker Boatworks, LLC, includes:

1. all property, machinery, equipment, inventory (including all inventory for boat production), molds (including the 26’ hull molds, the 26’ Open deck mold and the 26’ Bay deck mold), the 26’ Bay cap, the 26’ Open cap, all property in the possession of Vector Works (consisting of one (1) 40’ Cat hull plug, one (1) console wooden plug and one (1) leaning wooden post plug), small parts (including console door), and supplies, including, without limitation, all Michael Peters designed tooling and any telephone system used by the Business;
2. the Accounts Receivable;
3. all books and records relating to the Purchased Assets, all Intellectual Property, including computer software, the name “Barker Boatworks”, the domain name www.barkerboatworks.com, logos, trade secrets and designs;
4. the Assumed Contracts;3
5. the right to receive fifty percent (50%) of the proceeds from the YellowFin Lawsuit;
6. causes of action, choses in action, rights of recovery, rights of setoff and rights of recoupment and all other rights or claims against third parties related to any Purchased Asset;
7. to the extent transferable under applicable Law (including the Bankruptcy Code), permits, authorizations, approvals, decisions, zoning orders, registrations, licenses, filings, certificates, variances or similar rights issued to the Seller and used by or in connection with the Business (collectively, the “Permits”);
8. all information regarding the Seller’s past, current and prospective customers and suppliers (including any and all lists thereof (including contact information), purchase and sale history, correspondence, complaints, and any and all other data, reports, and information of any kind kept or maintained by or on behalf of the Seller), pricing and cost information, and business and marketing plans and proposals;
9. all telephone and facsimile numbers and telephone directory listings;
10. rights, to the extent assignable, under any agreements in favor of the Seller or for the benefit of the Seller with current or former employees, contractors or third parties, with respect to non-competition, non-solicitation, or other restrictive covenants, regardless of whether any such Person accepts an offer of employment from the Buyer or continues to perform services for the Buyer;
11. books, records, ledgers, files, documents, correspondence, lists, plans, drawings and specifications, creative materials, sales collateral, advertising and promotional materials, studies, reports, and other printed or written materials, including records related to inventory and maintenance of the Purchased Assets, whether in written or electronic form, other than employment records that may not be transferred pursuant to applicable Law; and
12. all goodwill associated with the Business.