definiens: means any oral or written legally binding, contract, agreement or commitment to which theCompany or any of its subsidiaries is a party ( i ) that is a commercial agreement ( and not a confidentiality or non - disclosureagreement ) to which any of the customers or suppliers listed in Section 4.23(c ) of the Company Disclosure Schedule is a party;(ii ) that is disclosed in Part 2 or Part 3 of Section 4.13 of the Company Disclosure Schedule ; ( iii ) evidencing indebtedness forborrowed or loaned money or lines of credit ( including security and pledge agreements ) of $ 250,000 or more, includingguarantees of such indebtedness by the Company or any of its subsidiaries ; ( iv ) creating or relating to any partnership or jointventure by the Company or any of its subsidiaries with any third party ; ( v ) which provides for the sale or acquisition of anyother person or the business or any other material assets, whether by merger, consolidation or otherwise outside of theordinary course of the Company ’s business ; ( vi ) requiring aggregate capital expenditures by the Company or any of itssubsidiaries in excess of $ 500,000 other than expenditures set forth on the operating budget provided to Buyer prior to thedate hereof ; ( vii ) which provides for a loan or advance to any person ( other than to officers, directors and employees in theordinary course of business and in compliance with applicable Law ) ; ( viii ) relating to the export of products from Spain andthat contain covenants not to ( or otherwise restricting or limiting Company ’s or any of its affiliates ’ ability to ) compete in anyline of business or geographical area, including any covenant not to compete with respect to the manufacture, marketing, distribution or sale of any product or product line ; or ( ix ) relating to the issuance, ownership, disposition or voting of anyequity securities, or securities convertible into or exchangeable for equity securities, of the Company or any of itssubsidiaries or the granting of registration rights with respect thereto