definiens: means ( i ) the Federal Food, Drug, and Cosmetic Ac t and the Public Health Service Act, and the regulations promulgated thereu nder ; ( ii ) all applicable federal, state, local and foreign health care fraud and abuse laws, including, without limit ation, the U.S. Anti - Kickback Statute ( 42 U.S.C. Se ction 1320a-7b(b ) ), the U.S. Civil False Claims Act ( 31 U.S.C. Section 3729 et seq . ), 18 U.S.C. Sections 286, 287, 1035, 1347, and 1349, the health care fraud criminal provisions under the Health Insurance Portability and Account ability Act of 1996 ( ) ( 42 U.S.C. Section 1320d et seq . ), the civil monetary penalties law ( 42 U.S.C. Secti on 1320a-7a ), the exclusions law ( 42 U.S.C. Section 1320a-7 ), laws governing government funded or sponsored hea lthcare programs ; ( iii ) HIPAA, as amended by the Health Inf ormation Technology for Economic and Clinical Healt h Act ( the ) ( 42 U.S.C. Section 17921 et seq . ) ; ( iv ) the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education R econciliation Act of 2010, including the Physician Payments Sunshine Act ; ( v ) licensure, quality, safety and ac creditation requirements under applicable federal, state, local or foreign Laws or Governing Bodies ; and ( vi ) all othe r Laws relating to the regulation of the Sellers or the Sellers ’ Business, and ( vii ) the directives and regulations promulgated pursuant to such statutes and any appli cable state or non - U.S. counterpart thereof . of any Person means, without duplication, ( i ) the interest in respect of, principal of and premium ( if any ) in re spect of ( x ) indebtedness of such Person for money borrowed and ( y ) indebtedness evidenced by notes, debentures, bonds, or other similar instruments for the payme nt of which such Person is responsible or liable ; ( ii ) all obli gations of such Person with respect to any Contract s relating to the deferred and unpaid purchase price of property or s ervices, including any interest accrued thereon and prepayment or similar penalties and expenses ; ( iii ) all obliga tions of such Person under leases required to be ca pitalized in accordance with GAAP ; ( iv ) all obligations of such Person for the reimbursement of any obligor on any letter of credit, banker ’s acceptance or similar credit trans action ; ( v ) all obligations of the type referred to in clauses ( i ) through ( iv ) of any Persons for the payment of whic h such Person is responsible or liable, directly or indirectly, as obligor, guarantor, surety or otherwise, including guarantees of such obligations ; and ( vi ) all obliga tions of the type referred to in clauses ( i ) through ( v ) of othe r Persons secured by any Encumbrance ( other than Pe rmitted Encumbrances ), on any property or asset of such Per son ( whether or not such obligation is assumed by s uch Person )