definiens: means ( i ) agreements of the Company or any of the Subsidiaries containing anunexpired covenant not to compete applying to the Company or any of the Subsidiaries ; ( ii ) employment or consultingagreements, or arrangements ; ( iii ) collective bargaining agreements ; ( iv ) interest rate, currency or commodity hedging, swapor similar derivative transactions to which the Company or any of the Subsidiaries is a party ; ( v ) material agreementsproviding for payment based on revenues, sales or profits ; ( vi ) agreements between the Company or any of the Subsidiaries, on the one hand, and any affiliate of the Company, on the other hand ; ( vii ) other material agreement not entered into in theordinary course of business or ; ( viii ) other contracts or amendments thereto that would be required to be filed and have notbeen filed as a exhibit to a Form 10 - K filed by the Company with the SEC as of the date of this Agreement