definiens: shall mean ( x ) any DisclosedContract and ( y ) any of the following Contracts : ( i ) any Contract relating to Indebtedness of any Acquired Company in excessof $ 250,000 ( whether incurred, assumed, guaranteed or secured by any asset ) ; ( ii ) any Contract that prohibits the payment of dividends or distributions inrespect of the capital stock of any Acquired Company, the pledging of the capital stock or other equity interests ofany Acquired Company or the issuance of any guaranty by any Acquired Company ; ( iii ) any partnership, joint venture, strategic alliance, collaboration, co - promotion, supply, license or research and development project Contract that is material to the Company and its Subsidiaries, taken as a whole ; ( iv ) any Contract wherein any Acquired Company is the recipient of a license, covenant not to sue or assert, or immunity from suit under any material Intellectual Property rights of any otherPerson, except non - exclusive licenses to mass - produced Software generally commercially available for licensing bythe general public ; 35 ( v ) any Contract wherein any Acquired Company grants a license, covenant notto sue or assert, or immunity from suit under any Intellectual Property rights of any material Acquired Company IP toany other Person ; ( vi ) any material Contract relating to the brigatinib launch ; and ( vii ) any Contract with any Affiliate, director, executive officer ( as such term isdefined in the Exchange Act ), holder of 5 % or more of the Shares or, to the Company ’s Knowledge, any of theirrespective Affiliates ( other than the Company ) or immediate family members ( other than offer letters that can beterminated at will without severance obligations and Contracts pursuant to Company Equity Awards )