definiens: ( as such term is defined in Item 601(b)(10 ) of Regulation S - Kunder the Securities Act ) filed as an exhibit to the Company SEC Reports, Section 5.19(a)(i ) of the Company DisclosureSchedule lists each Contract to which the Company or any Company Subsidiary is a party or by which any of their respectiveproperties or assets are bound ( each such Contract, including ( i ) any Contract filed as an exhibit to the Company SEC Reportsand ( ii ) any Contract set forth36on Section 5.19(a)(ii ) of the Company Disclosure Schedule, being a ): ( a ) that is material andwas not entered into in the ordinary course of business ; ( b ) that purports to limit the right of the Company or the CompanySubsidiaries to engage or compete in any activity or line of business or to compete with any person or operate in anylocation ; ( c ) that is a loan or credit agreement, mortgage, promissory note, indenture or other Contract evidencingindebtedness for borrowed money in an amount in excess of Twenty Five Million Dollars ( $ 25,000,000 ) by the Company orany of the Company Subsidiaries ; or ( d ) that relates to any swap, forward, futures, warrant, option or other derivativetransaction