definiens: ( as such term is defined in Item 601(b)(10 ) of Regulation S -K of the Exchange Act ) ; ( ii ) pursuant to which any Acquired Company made or received payments of more than an aggregate of $ 1,000,000 during the fiscal year ended December 31, 2019 or is committed to make or entitled to receive payments of more than an aggregate of $ 1,000,000 during the fiscal year ending December 31, 2020 ; ( iii ) evidencing a commitment by an Acquired Company to make a future capital expenditure in excess of $ 1,000,000 that is not terminable by such Acquired Company upon notice of thirty ( 30 ) days or less without material penalty or liability ; ( iv ) containing a covenant limiting the ability of any Acquired Company to compete or engage in any line of business or to compete with any Person in any geographic area that is not terminable by such Acquired Company upon notice of thirty ( 30 ) days or less without material penalty or liability ; ( v ) relating to or evidencing indebtedness for borrowed money or any guarantee of indebte dness for borrowed money by any Acquired Company in excess of $ 1,000,000 ( excluding loans to wholly -owned Subsidiaries in the ordinary course of business consistent with past practice ) ; ( vi ) that is a joint venture, partnership, strategic all iance, research and development project or similar arrangement that is material to the business of the Acquired Companies taken as a whole ; 34 ( vii ) that ( A ) is with any sole -source suppliers of material products or services, or ( B ) obligates the Company with respect to any clauses, any exclusive dealing or minimum purchase or sale, obligations, requirement to purchase substantially all of the output or production of a particular supplier, or ( C ) pr ohibits the Company or its Subsidiaries from acquiring products or services from any Person and, in each case of clause ( B ) and ( C ) is material to the Company ; ( viii ) that is a Company Inbound License or Company Outbound License ; ( ix ) that is the type of Contract that would be required to be disclosed under Item 404 of Regulation S -K of the Exchange Act ; or ( x ) with any present or former officer, director or employee of any Acquired Company ( other than employment relat ed agreements or indemnification, confidentiality, assignment of invention, equity awards or similar types of agreements entered into in the ordinary course of business in connection with their engagement )