Timeline of Events

Contract Formation/Expiration

Meier (Brand Developers) and Sapire (Capital Brands) discuss in Las Vegas to enter business relationship for Bullet products (Sept., 2012)

Approx. September 2012

Meier and Sapire discuss in Chicago to enter business relationship (Early March, 2013)

Approx. march, 2013

Meier e-mails Sapire stating that he checked the Euro-Pro contract and can move forward (March 12, 2013)

Approx. March 12, 2013

CB sends distribution agreement to BD (no discussion of clause changes) (~March 20, 2013)

Approx. March 20, 2013

Enforceable Distribution Agreement between CB and BD (Mar. 22, 2013-Mar. 21, 2015)

March 22, 2013 - March 21, 2015

CB confirms that BD is selling the Nutri Ninja (Dec. 17, 2014)

December 17, 2014

CB elects not to renew contract that ends on March 21, 2015 due to Nutri Ninja sales (Jan. 7, 2015)

Approx. jan 7, 2015

Distribution agreement expires (Mar. 22, 2015)

Approx. March 22, 2015

60-day sell-off period for BD (extends sell-off to May 22, 2015)

Mar 22, 2015 - May 22, 2015

Breach of Contract

CB and BD have enforceable Dist. Agreement (Mar. 22, 2013-Mar. 21, 2015)

march 22, 2013 - march 21, 2015

BD advertises Nutri Ninja Marketing/Sales via Nutri Ninja Sales Brochure to Retailers (July, 2014)

July, 2014

Brand Developers Purchases 517,618 Nutri Ninja Products (October 2014-March 22, 2015)

July 2014 - March 22, 2015

BD's first purchase order of Nutri Ninja products (Jul. 18, 2014)

July 18, 2014

BD selling the Nutri Ninja products (Oct. 2014 to Present)

October, 2014 - November 18, 2015

BD begins advertising on TV Nutri Ninja Products (Nov. 16, 2014)

November 16, 2014

CB becomes aware that BD is selling the Nutri Nina (Dec. 15-17, 2014)

Approx. December 15, 2014

Magic Bullet Returns

CB and BD Enforceable Dist. Agreement (Mar. 22, 2013-Mar. 21, 2015)

March 22, 2013 - March 21, 2015

CB changes gear from TPE to silicone rubber to improve Magic Bullet by reducing black powder (Nov., 2013)

Approx. November, 2013

BD notices alleged high return rate due to cog wear (May, 2014)

May, 2014

CB raises lower hardness limit of silicone from 60A to 65A (July, 2014)

Approx. July 2014

Japan return: low 1% return rate to a still low 3% return rate (July, 2014)

July, 2014

BD notifies CB higher than expected return rate (July 21, 2014)

July 21, 2014

First Report from BD on reason for failures of Magic Bullets (Aug. 1, 2014)

Approx. August 1, 2014

CB disputes report from DB, Sinolink measurement shows proper engagement (August 5, 2014)

August 7, 2014

July 2014 returns - only 3.82%; at Target 35% of returns allegedly had worn gears, 47% no fault found (Aug. 7, 2014)

august 7, 2014

BD internal report states that return rate in Australia from Jan.-June 2014 is 2.99% (Aug. 26, 2014)

aug 26, 2014

BD states return rates from June-July 2014 are 3.4% (AU) and 4.3% (NZ) (Sep. 11, 2014)

sep 11, 2014

BD assures CDB Goldair that remaining stock of Magic Bullets is not defective (May, 2015)

Approx. May 12, 2015