definiens: ) . For purposes ofthis Section 4.6, means : ( i ) Third Party distribution contracts with an annual payment or financial commitment, on anindividual basis, exceeding U.S.$ 80,000,000 ; ( ii ) leases of personal property with an annual payment, on an individual basis, exceeding U.S.$25,000,000 ; 25 ( iii ) supply and Third Party manufacturing contracts and binding purchase or sale commitments with atotal annual payment or financial commitment, on an individual basis, exceeding U.S.$80,000,000 ; ( iv ) all joint venture, partnership and stockholder agreements that involve a sharing of profits, losses, costs or liabilities with a Third Party irrespective of the value of the contract ; ( v ) agreements under which the Company or any of its Subsidiaries has incurred, assumed orguaranteed any indebtedness for borrowed money, sale and leaseback agreements and factoringagreements and related security agreements, on an individual basis, exceeding U.S.$ 50,000,000 ; ( vi ) contracts or commitments restricting the Company or any of its Subsidiaries from engaging in orcompeting in any line of business ; ( vii ) agreements for the sale or purchase of any assets of the Company or its Subsidiaries other than inthe ordinary course of business, or for the grant of any options or preferential rights to purchase anyassets, property or rights of the Company or its Subsidiaries ( other than inventory ), in each case, forconsideration in excess of U.S.$ 80,000,000 or under which the Company or any of its Subsidiarieshas any continuing obligation ; ( viii ) research and development agreements with total annual payments or financial commitments, on anindividual basis, exceeding U.S.$ 25,000,000 ; ( ix ) material license agreements pursuant to which the Seller, the Company, any Subsidiary of theCompany or any Affiliate of the Seller licenses any Intellectual Property to or from any Third Party, which Intellectual Property is used exclusively in the conduct of the business of the Company andits Subsidiaries ; ( x ) material settlement agreements with respect to disputes concerning Intellectual Property ; ( xi ) Single Source Supply Contracts ; ( xii ) executory contracts for capital expenditures with total annual payments or financial commitments, on an individual basis, exceeding U.S.$ 40,000,000 ; and 26 ( xiii ) any other agreement with respect to the conduct of the business of the Company and itsSubsidiaries in Significant Countries that requires an annual payment of more than U.S.$25,000,000 during the current term of such agreement and which the Company or any of itsSubsidiaries is not able to terminate on twelve ( 12 ) months ’ notice or less without penalty