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Full title: Declaration Of: Michael Mosca in Support of Motion for an Order Compelling Assumption or Rejection of Executory Contracts Pursuant to 11 U.S.C. § 365(D)(2) Filed by ROBERT R. KINAS on behalf of PETER HARRIS, JONATHAN KAGAN, MICHAEL MOSCA, MICHAEL MOYLAN, SCOTT SKLAR, BRIAN TSUNG, ALI WAMBOLD (Related document(s)627 Motion to Assume/Reject filed by Interested Party ALI WAMBOLD, Interested Party JONATHAN KAGAN, Creditor SCOTT SKLAR, Creditor MICHAEL MOSCA, Creditor BRIAN TSUNG, Creditor MICHAEL MOYLAN, Creditor PETER HARRIS) (Attachments: # 1 Exhibit 1) (KINAS, ROBERT) (Entered: 04/27/2021)

Document posted on Apr 26, 2021 in the bankruptcy, 2 pages and 0 tables.

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In re GUMP’S HOLDINUGNSI, TLELDC ,DS dTIbSAaT TREISC BTA OC NFaK sNeR ENUVoPA.T 1DC8A-Y1 4 C6O83U-mRkTn owarLas 16 GUMP’S, dba GUMP’S SAN FRANCISCO, Chapter 11 – LEAD CASE H 3 (Jointly Administered) 8  Affects this Debtor.In re GUMP’S CORP., Case No. 18-14684-mkn 18 Chapter 11  Affects this Debtor. In re GUMP’S BY MAIL, INC., Case No. 18-14685-mkn Chapter 11 20  Affects this Debtor.I would not have entered into the Mosca Agreement if it did not require Holdings t8 indemnify me against any liability for good faith actions and decisions related to my employme9 by Holdings and for my expenses and attorneys’ fees related to claims arising out of m10 employment.I vigorously dispute the allegations that Debtors have made against me in thH

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1 Robert R. Kinas (NV Bar No. 6019) Charles E. Gianelloni (NV Bar No. 12747) 2 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 3 Las Vegas, NV 89169 Telephone: (702) 784-5200 4 Facsimile: (702) 784-5252 Email: rkinas@swlaw.com 5 cgianelloni@swlaw.com 6 Eric Seiler (pro hac vice application forthcoming) Michael S. Palmieri (pro hac vice application 7 forthcoming) FRIEDMAN KAPLAN SEILER & ADELMAN LLP 8 7 Times Square New York, NY 10036 9 Telephone: (212) 833-1100 Facsimile: (212) 833-1250 10 Email: eseiler@fklaw.com mpalmieri@fklaw.com 11 Attorneys for Ali Wambold, Jonathan Kagan, Scott 0 12 Sklar, Michael Mosca, Brian Tsung, Michael Moylan, 0 11 and Peter Harris uite 9 13 S6 d Hughes Parkway, Vegas, Nevada 891702.784.5200 1145 In re GUMP’S HOLDINUGNSI, TLELDC ,DS dTIbSAaT TREISC BTA OC NFaK sNeR ENUVoPA.T 1DC8A-Y1 4 C6O83U-mRkTn owarLas 16 GUMP’S, dba GUMP’S SAN FRANCISCO, Chapter 11 – LEAD CASE H 3 (Jointly Administered) 8  Affects this Debtor. 38 17 In re GUMP’S CORP., Case No. 18-14684-mkn 18 Chapter 11  Affects this Debtor. 19 In re GUMP’S BY MAIL, INC., Case No. 18-14685-mkn Chapter 11 20  Affects this Debtor. DECLARATION OF MICHAEL MOSCA I 21 SUPPORT OF MOTION FOR AN ORDER COMPELLING ASSUMPTION OR 22 REJECTION OF EXECUTORY CONTRACTS PURSUANT TO 11 U.S.C. 23 § 365(D)(2) 24 I, MICHAEL MOSCA, declare: 25 1. I am personally knowledgeable and aware of each of the facts stated herein, to whic26 I could competently testify if called upon to do so in a court of law. 27 28

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1 2. On or around February 2, 2018, Gump’s Holdings, LLC (“Holdings”) and I entere2 into an Employment Agreement (the “Mosca Agreement”). A true and correct copy of the Mosc3 Agreement is attached as Exhibit 1. Pursuant to the Mosca Agreement, I served as Holdings’ Chi4 Executive Officer (“CEO”). 5 3. Paragraph 20 of the Mosca Agreement sets forth Holdings’ obligation to indemnif6 me. This clause was an important and material consideration to me in entering into the Mosc7 Agreement. I would not have entered into the Mosca Agreement if it did not require Holdings t8 indemnify me against any liability for good faith actions and decisions related to my employme9 by Holdings and for my expenses and attorneys’ fees related to claims arising out of m10 employment. 11 4. I resigned as Holdings’ CEO on or around July 27, 2018. 12 5. I am a named defendant in the adversary proceeding captioned Gump’s Holding0 0 1 1 uite 9 13 LLC, et al. v. Tony Lopez, et al., Adv. Proc. No. 20-01085-mkn (Bankr. D. Nev.) (the “AdversarS6 d Hughes Parkway, Vegas, Nevada 891702.784.5200 1145 Panrodc teoegdeitnhge”r) w, bitrho uHgohltd binyg Hs oalnddin Rges,t aGilu, m“Dpe’sb tCoorsr”p .o (r“ R“Getuamil”p)’,s a”n).d Gump’s By Mail, Inc. (“Direct,owarLas 16 6. I vigorously dispute the allegations that Debtors have made against me in thH 3 8 38 17 Adversary Proceeding and will defend against them as appropriate. 18 7. To date, Holdings has not indemnified me, or offered to indemnify me, for an19 expenses, damages, or other losses that I have incurred (or may incur in the future) in connectio20 with the Adversary Proceeding or a related arbitration. 21 8. I have sought coverage for my defense costs in connection with the Adversar22 Proceeding under the Directors, Officers and Organization Liability Insurance Policy N23 14-MGU-18-A43229 issued by U.S. Specialty Insurance Company. 24 9. I declare under penalty of perjury that the foregoing is true and correct. 25 Dated: April 27, 2021 26 /s/ Michael Mosca MICHAEL MOSCA 27 28

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