ASSET PURCHASE AGREEMENT AMONG ULTIMATE ELECTRONICS INC., ITS SUBSIDIARIES AND ULTIMATE ACQUISITION PARTNERS, L.P.Asset Purchase Agreement • April 21st, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • New York
ASSET PURCHASE AGREEMENT, dated as of April 20, 2005 (this “Agreement”), between Ultimate Electronics, Inc., a Delaware corporation (“Company”), its subsidiaries set forth on the signature page hereto (each a “Company Subsidiary,” and together with Company, the “Sellers”) and Ultimate Acquisition Partners, L.P., a Delaware limited partnership (“Purchaser”). (Each of Sellers and Purchaser is a “Party” and collectively they are the “Parties” to this Agreement).
RELEASERelease Agreement • April 21st, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • Texas
This RELEASE (this “Release”) is made by Ultimate Electronics, Inc., a Delaware corporation, Fast Trak Inc., a Minnesota corporation, Ultimate Intangibles Corp., a Colorado corporation, Ultimate Leasing Corp., a Colorado corporation, Ultimate Electronics Partners Corp., a Colorado corporation, Ultimate Electronics Leasing LP, a Texas limited partnership and Ultimate Electronic Texas LP, a Texas limited partnership and their related debtor estates (collectively, the “Sellers”), the Official Committee of Unsecured Creditors of Ultimate Electronics, Inc., et al. (the “Committee”), James Marcum, Bruce Giesbreacht, Mark Wattles (“Mr. Wattles”), Mark Wattles Enterprises, LLC (“Wattles Enterprises”), the DIP Lender Releasing Parties (as defined below),the DIP Lender Protected Parties, and Ultimate Acquisition Partners, LP, a Delaware limited partnership (the “Purchaser”) (collectively, the “Parties”).
