definiens: ( as such term is defined in Item 601(b)(10 ) of Regulation S - K of the SEC ) withrespect to [COMPANY] or any of its Subsidiaries that was required to be, but has not been, filed with the SEC withAkebia ’s Annual Report on Form 10 - K for the year ended December 31, 2017, or any [COMPANY] SEC Documentsfiled after the date of filing of such Form 10 - K until the date hereof;(ii ) Contract ( A ) relating to the disposition or acquisition by [COMPANY] or any of its Subsidiaries of amaterial amount of assets or equity ( 1 ) after the date of this Agreement, other than the sale of inventory in theordinary course of business consistent with past practice, or ( 2 ) prior to the date hereof, which contains anymaterial ongoing obligations ( including sale of inventory, indemnification, or other contingentobligations ) that are still in effect that are reasonably likely to result in claims in excess of $ 1,000,000 or(B ) pursuant to which [COMPANY] or any of its Subsidiaries will acquire or dispose of any material ownership interestin any other person or other business enterprise other than [COMPANY] ’s Subsidiaries;(iii ) collective bargaining agreement or Contract with any labor union, trade organization or otheremployee representative body ( other than any statutorily mandated agreement in non - U.S