definiens: shall mean the following Contracts to which any of the Sellersor the Companies is a party or is otherwise bound : ( i ) Contracts for the purchase by the Business or the Companies of goods or services from suppliers or serviceproviders, including any consignment, distributor, dealer, manufacturer ’s representative, sales agency, advertisingrepresentative or advertising or public relations contract, in each case involving annual payments by the Business in excess of$25,000 in fiscal year 2004 or which Sellers reasonably expect will involve payments of more than $ 25,000 in fiscal year2005 or which extends beyond 2009 ; ( ii ) Contracts for the purchase by customers from the Business of goods or services involving annualpayments in excess of $ 25,000 in fiscal year 2004 or which Sellers reasonably expect will involve payments related to theBusiness of more than $ 25,000 in fiscal year 2005 or which extends beyond 2009 ; ( iii ) Contracts relating to the incurrence of indebtedness for borrowed money by the Business or theCompanies or the guaranteeing or securing by or of the Business or the Companies of any obligation for borrowed money(including letters of credit ), except in the ordinary course in connection with accounts payable ; ( iv ) leases, installment and conditional sale agreements, having annual rentals or payments in excess of$25,000 relating to the Business or the Companies, and other Contracts affecting the ownership by, leasing of, title to, use of, or any leasehold or other interest in, any personal property used primarily in the Business ; ( v ) joint venture Contracts relating to the Business or the Companies, or other Contracts relating to theBusiness or the Companies creating a similar legal relationship ; ( vi ) Contracts that prohibit the Business from competing with any Person in any geographic area or fromsoliciting customers or from hiring or retaining any Person ; ( vii ) Contracts relating to Licensed Intellectual Property, provided in each case ( A ) annual payments orreceipts of greater than $ 25,000 were attributable to the Business pursuant to such Contract in fiscal year 2004, or ( B ) suchContract is otherwise material to the operation of the Business ; ( viii ) Contracts relating to Software excluding non - customized software that is commercially available orsubject to and license agreements and primarily used in the conduct of the Business ; 28(ix ) any guarantee of the obligations of customers, suppliers, officers, directors, employees, Affiliates or othersin connection with, or relating to, the Business ; ( x ) any Contract not otherwise described in this Section 4.12 that is material to the conduct of the Business ascurrently conducted, or that is not entered into in the ordinary course of business