definiens: ( as such term is defined in Item 601(b)(10 ) of Regulation S - K of theSecurities Act ) that were required to be filed with or furnished to the SEC prior to the date of this Agreement . Each CompanyContract ( A ) of the type described in Section 3.17(a ) of the Disclosure Schedule, whether or not disclosed in response to thisSection 3.17(a ), or referred to in Section 3.17(b ), whether or not provided or publicly filed, and ( B ) entered into after the date ofthis Agreement and of the type required to be described in Section 3.17(a ) or referred to in Section 3.17(b ), whether or notprovided or publicly filed of the Disclosure Schedule if such Company Contract were in effect as of the date of this Agreement, is referred to herein as a -23- ( b ) The Company has provided to Parent or publicly filed with the SEC true and complete copies of each CompanyContact referred to in Section 3.17(a ) and each of the following Company Contacts, in each case that are in effect as of the dateof this Agreement : ( i ) each Company Contract with customers ( excluding purchase orders given or received in the ordinarycourse of business ) under which the Company or any of its Subsidiaries received in excess of $ 10,000,000 in 2009 or isexpected to receive in excess of $ 10,000,000 in 2010 or any year thereafter ; ( ii ) each Company Contract pursuant to which theCompany or any of its Subsidiaries occupies Leased Real Property and under which the Company or any of its Subsidiaries isrequired to pay an annual rental in excess of $ 5,000,000 in 2010 or any year thereafter ; and ( iii ) each Company Contract forany joint venture ( whether in partnership, limited liability company or other organizational form ), co - promote agreements orco - branding agreements ( other than distribution agreements ) or agreements pursuant to which the Company or any of itsSubsidiaries permitted distribution of the Product or the Pipeline Products under another party ’s name or trademarks