definiens: or members of the ( assuch terms are respectively defined in Rule 12b-2 and Rule 16a-1 of the Securities Exchange Act of 1934 ) ofany such shareholder, director or officer ; ( viii ) All Collective Bargaining Agreements ; ( ix ) All Contracts relating to any indebtedness for borrowed money(including, loan agreements, lease purchase arrangements, guarantees, agreements to purchase goods orservices or to supply funds ), or any conditional sales contracts, chattel mortgages, equipment leaseagreements and other security arrangements with respect to personal property ; ( x ) All Contracts ( whether exclusive or otherwise ) with any sales agent, representative, franchisee, dealer or distributor, in each case, accounting for at least $ 100,000 inconsolidated net revenues to the Company in any of the last three completed fiscal years or projected toaccount for at least $ 100,000 in consolidated net revenues to the Company in 2007 or 2008 ; ( xi ) All Contracts with any Governmental or Regulatory Authority ; ( xii ) All material Contracts granting rights to the Company and/or itsSubsidiaries to use proprietary technology constituting Necessary Intellectual Property ( other than Contractsgranting rights to use readily available commercial software that is generally available on nondiscriminatorypricing terms ) ; ( xiii ) Any Contract with any Special Entity ( as to which, the Companyrepresents and warrants that the Contracts contained in the 27 definition of are the only Contracts between the Company or any Subsidiary with anySpecial Entity ) ; ( xiv ) All other Contracts not of the type covered by any of the other itemsof this Section 4.1(m ) involving money or property and an obligation in excess of $ 25,000 in the aggregatein any period of 12 consecutive months which are not terminable by the Company on less than ninety ( 90)days ’ notice without penalty ( other than Benefit Plans ) ; and ( xv ) True and correct copies of the Material Contracts have been providedto Parent