definiens: means : ( 1)cash, cash equivalents and marketable securities ( determined in accordancewith GAAP ) of Seller ; ( 2)all assets, tangible and intangible, of the Seller that are not used solely inconnection with the Business ; ( 3)all financial, accounting and bookkeeping books and records, minute books ofSeller that are not Business Records ; ( 4)All assets related to any Employee Benefit Plan of Seller or any Affiliate thereof ; ( 5)Any and all Tax credits and Tax refunds relating to the operation of the Businessprior to Closing other than any such credits and refunds relating to an AssumedOperating Liability ; ( 6)Any permits of Seller relating to the Business that are not assignable toPurchaser ; ( 7)The Accounts Receivable ; ( 8)The name alone or in any combination with any other words ; and ( 9)All software or network connections which relate to, or connect with, Seller 's andMaxwell 's computer systems