definiens: : ( i ) any ( as such term is defined in Item 601(b)(10 ) of Regulation S - Kunder the Securities Act of 1933 ) with respect to the Company or any of its Subsidiaries that has been, orwas required to be, filed with the SEC with the Company ’s Annual Report on Form 20 - F for the year endedDecember 31, 2016 or any Company Reports filed after the date of filing of such Form 20 - F until the datehereof ; 27(ii ) any Contract with the Company ’s top 10 suppliers for the purchase of materials, supplies, goods, services, equipment or other assets for the calendar year ended December 31, 2016 ; ( iii ) any Contract with the Company ’s top 10 customers for the furnishing of materials, supplies, goods, services, equipment or other assets for the calendar year ended December 31, 2016 ; ( iv ) any Contracts that are material to the Company and its Subsidiaries concerning theestablishment, management or operation of a joint venture, partnership, limited liability company or businessalliance ; ( v ) all Contracts relating to indebtedness for borrowed money ( including any guarantee ofsuch indebtedness ) of the Company or any of its Subsidiaries in excess of € 250,000, other than Contractsamong the Company and its wholly owned Subsidiaries ; ( vi ) all Contracts containing any non - compete or exclusivity provisions or any similarlyrestrictive provision with respect to any line of business, Person or geographic area with respect to theCompany or any of its Subsidiaries, or upon consummation of the Offer, Parent or any of its Subsidiaries ; ( vii ) all Contracts to which the Company or any of its Subsidiaries is a party and pursuant towhich the Company or any of its Subsidiaries ( A ) is granted any license, option or covenant not sue withrespect to any material Intellectual Property owned by a third party ( excluding licenses for commercial off - the - shelf computer software and any non - disclosure agreements entered into in the ordinary course of business)or ( B ) has granted to a third party any license, option or covenant not to sue with respect to any materialIntellectual Property owned by the Company or any of its Subsidiaries ( other than non - exclusive licensesgranted to customers and service providers in the ordinary course of business ) ; ( viii ) all Real Property Leases ; ( ix ) all Contracts that contain obligations of the Company or its Subsidiaries secured by aLien, and interest rate or currency hedging agreements, in each case in connection with which the aggregateactual or contingent obligations of the Company and its Subsidiaries under such agreement are greater than€250,000 ; ( x ) all material management Contracts and Contracts with consultants in excess of€500,000, including any Contracts involving the payment of royalties or other amounts calculated based uponthe revenues or income of the Company or any of its Subsidiaries or income or revenues related to anyproduct of the Company or any of its Subsidiaries ; ( xi ) each Contract pursuant to which the Company or any of its Subsidiaries is bound thatincludes a continuing indemnification, or other contingent payment obligation, in each case, thatcould result in payments in excess of € 250,000 other than ordinary course agreements with customers orsuppliers ; 28(xii ) each Contract between or among the Company or any of its Subsidiaries, on the onehand, and any of their respective Affiliates ( other than the Company or any of its Subsidiaries ), on the otherhand, that involves payments of more than € 250,000 in any one year ; ( xiii ) any material Contracts between or among the Company or any of its Subsidiaries, on theone hand, and any Relevant Authority, on the other hand ; ( xiv ) any Contract that grants or conveys any rights of refusal, or contains or similar pricing provisions, or that obligates the Company or any of itsSubsidiaries to conduct business on an exclusive or preferential basis with any third party ; and ( xv ) each supply Contract pursuant to which goods or materials that arematerial to the business of the Company and its Subsidiaries, taken as a whole, are supplied to the Companyor any of its Subsidiaries from an exclusive source