definiens: ( as such term is defined in Item 601(b)(10 ) of Regulation S - K of the SEC ) withrespect to Keryx or any of its Subsidiaries that was required to be, but has not been, filed with the SEC withKeryx ’s Annual Report on Form 10 - K for the year ended December 31, 2017, or any Keryx SEC Documents filedafter the date of filing of such Form 10 - K until the date hereof;(ii ) Contract ( A ) relating to the disposition or acquisition by Keryx or any of its Subsidiaries of amaterial amount of assets or equity ( 1 ) after the date of this 18Agreement, other than the sale of inventory in the ordinary course of business consistent with past practice, or(2 ) prior to the date hereof, which contains any material ongoing obligations ( including sale of inventory, indemnification, or other contingent obligations ) that are still in effect that are reasonably likely to resultin claims in excess of $ 1,000,000 or ( B ) pursuant to which Keryx or any of its Subsidiaries will acquire or disposeof any material ownership interest in any other person or other business enterprise other than Keryx’sSubsidiaries;(iii ) collective bargaining agreement or Contract with any labor union, trade organization or otheremployee representative body ( other than any statutorily mandated agreement in non - U.S