definiens: means, with respect to any Person, all Liability of such Person under any agreement, whether or not in writing, relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap or option, bond, note or bill option, interest rate option, forward foreign exchange transaction, cap, collar or floor transaction, currency swap, cross - currency rate swap, swaption, currency option or any other, similar transaction ( including any option to enter into any of the foregoing ) or any combination of the foregoing, and, unless the context otherwise clearly requires, any master agreement relating to or governing any or all of the foregoing ; me.ans, collectively, ( i ) the In License Distribution Agreement, dated September 23, 2005, between Mayne Pharma Pty Ltd. and the Seller, ( ii ) the Manufacture, Supply and Distribution Agreement, dated December 21, 2007, between [COMPANY] UK Limited and the Seller, ( iii ) the Manufacture and Supply Agreement, dated December 11, 2008, between [COMPANY] Inc. and the Seller and ( iv ) the Manufacture and Supply Agreement, dated September 16, 2009, between [COMPANY] Inc. and the Seller, in each case as amended ; means the Hart - Scott - Rodino Antitrust Improvements Act of 1976 of the United States ; of any Person means, without duplication : ( a ) all indebtedness of such Person, whether or not contingent, for borrowed money ; ( b ) all obligations of such Person evidenced by credit agreements, notes, mortgages, bonds, letters of credit, Hedging Obligations, debentures or other similar instruments or debt securities and warrants or other rights to acquire any such instruments or securities, including obligations so evidenced incurred in connection with the acquisition of property, assets or businesses ( including capital lease obligations ) ; and ( c ) all indebtedness of others referred to in clauses ( a ) and ( b ) hereof guaranteed, directly or indirectly, in any manner by such Person, or in effect guaranteed directly or indirectly by such Person through an agreement, undertaking or arrangement by which such Person guarantees, endorses or otherwise becomes or is contingently liable for the . indebtedness referred to in clauses ( a ) and ( b ) of any other Person : ( i ) to payor purchase such Indebtedness or to advance or supply funds for the payment or purchase of such Indebtedness ; ( ii ) to purchase, sell or lease ( as lessee or lessor ) property, or to purchase or sell services, primarily for the purpose of enabling the debtor to make payment of such Indebtedness or to assure the holder of such Indebtedness against loss ; ( iii ) to supply funds to or in any other manner invest in the debtor ( including any agreement to pay for property or services irrespective of whether such property is received or such services are rendered ) ; ( iv ) to grant an Encumbrance on existing or future property owned or acquired by such Person ( including Contracts ), whether or not the obligation secured thereby has been assumed or ( v ) otherwise to assure a creditor against loss . The Indebtedness of any Person shall include the Indebtedness of any other entity ( including any partnership in which such Person is a general partner ) to the extent such Person is liable therefor as a result of such Person 's ownership interest in or other relationship with such entity, 101110 CONFIDENTJAIJ TREATMENT [ * * * ) Indicates that text has been omitted which is the subject or a confidential treatment request . This text has been separately filed with the SEC