definiens: means, with respect to any Person, without duplication, all liabilities or obligations of such Person ( a ) for borrowed money ( including principal and interest),(b ) evidenced by bonds, debentures, notes or other similar instruments or under swaps hedges or similar instruments, ( c ) under letters of credit, ( d ) for the deferred purchaseprice of property or services or the acquisition of a business or portion thereof, whether contingent or otherwise, as obligor or otherwise, to the extent not evidenced by a tradepayable or other current liability ( including any so - called or similar payments or obligations at the maximum amount payable in respect thereof ), ( e ) created or arisingunder any conditional sale or other title retention agreement with respect to acquired property, ( f ) under capitalized leases, ( g ) for underfunded employee benefit plans, ( h ) foraccrued but unpaid interest and unpaid prepayment penalties or premiums, expenses or other amounts that are payable in connection with retirement or prepayment in respect ofany of the foregoing, or ( i ) for guarantees of another Person in respect of any of the foregoing . For the avoidance of doubt, the Indebtedness of the Company shall not includeamounts payable pursuant to ( i ) the NuVasive Settlement Agreement, ( ii ) the Cappuccino Agreements, ( iii ) the Ohio Spine Network Settlement Agreement, or ( iv ) the BackboneSettlement Agreement