Assets of Frozen Desserts Manufacturers Business

Sale of substantially all of the assets of The Fresh Ice Cream Company LLC, all of the assets of the Seller of any kind, tangible and intangible, tangible and intangible, and wherever located, including without limitation, (i) any or all inventories of finished goods, ingredients, and packaging materials on hand at Closing (collectively, “Inventory”) as set forth on Schedule 1.1(i)3; (ii) all storage or manufacturing equipment as set forth on Schedule 1.1(ii); (iii) customer contracts, relationships and lists as set forth in Schedule 1.1(iii); (iv) contracts with suppliers, distributors and co-packers as set forth on Schedule 1.1(iv) (“Operating Contracts”); (v) all of the Seller’s Intellectual Property and Confidential Information (as hereinafter defined), including but not limited to the Intellectual Property and Confidential Information set forth on Schedule 1.1(v); and (vi) all right, title and interest in any or all unfilled purchase orders pending at the Closing that were entered into in the ordinary course of business, as set forth on Schedule 1.1(vi).

Assets are more particularly described on the attached PDF.