AND
APPLICATIONS THEREFOR, AND ALL OTHER RIGHTS CORRESPONDING THERETO THROUGHOUT THE
WORLD; (IV) DOMAIN NAMES, UNIFORM RESOURCE LOCATORS ("URLS"), OTHER NAMES AND
LOCATORS ASSOCIATED WITH THE INTERNET, AND APPLICATIONS OR REGISTRATIONS
THEREFOR ("DOMAIN NAMES"); (V) INDUSTRIAL DESIGNS AND ANY REGISTRATIONS AND
APPLICATIONS THEREFOR; (VI) TRADE NAMES, LOGOS, COMMON LAW TRADEMARKS AND
SERVICE MARKS, TRADEMARK AND SERVICE MARK REGISTRATIONS, RELATED GOODWILL AND
APPLICATIONS THEREFOR THROUGHOUT THE WORLD ("TRADEMARKS"); (VII) ALL RIGHTS IN
DATABASES AND DATA COLLECTIONS; (VIII) ALL MORAL AND ECONOMIC RIGHTS OF AUTHORS
AND INVENTORS, HOWEVER DENOMINATED; AND (IX) ANY SIMILAR OR EQUIVALENT RIGHTS TO
ANY OF THE FOREGOING (AS APPLICABLE).
(AAA)
"INVENTORIES" MEANS ALL INVENTORIES OF RAW MATERIALS, WORK IN
PROCESS AND FINISHED GOODS (I) HELD FOR USE IN PRODUCTS MANUFACTURED FOR OR ON
BEHALF OF IBM, LISTED ON SCHEDULE 1.1(AAA)(I), (II) HELD FOR USE IN PRODUCTS
MANUFACTURED FOR OR ON BEHALF OF LENOVO, LISTED ON SCHEDULE 1.1(AAA)(II),
(III) HELD FOR USE IN CONNECTION WITH THE BUSINESS CONDUCTED FOR ON OR BEHALF OF
IBM, LISTED ON SCHEDULE 1.1(AAA)(III) AND (IV) HELD FOR USE IN CONNECTION WITH
THE BUSINESS CONDUCTED FOR OR ON OR BEHALF OF LENOVO, LISTED ON
SCHEDULE 1.1(AAA)(IV).
(BBB)
"KNOWLEDGE" AND OTHER SIMILAR PHRASES WHEN USED IN REFERENCE TO
SELLERS MEANS THE ACTUAL KNOWLEDGE OF (I) MICHAEL MISSIOS, (II) STEVEN H.
JACKMAN, (III) MICHAEL DELGADO AND (IV) THE FOLLOWING MEMBERS OF MANAGEMENT OF
THE BUSINESS WHO REPORT DIRECTLY TO MICHAEL MISSIOS INCLUDING, BUT NOT LIMITED
TO, : JAMES CAMPBELL, GEORGE GRIFFITH, SHELIA PONDER, ANCA THOMPSON AND THEODORE
WILSON.
THE FOREGOING NOTWITHSTANDING, THE FACT THAT INFORMATION IS CONTAINED
IN THE ELECTRONIC OR DOCUMENTARY RECORDS OR FILES MAINTAINED BY SUCH
INDIVIDUALS, STORED ON THE COMPUTERS OR SERVERS MAINTAINED BY SUCH INDIVIDUALS
OR CONTAINED IN ANY EMAILS RECEIVED BY SUCH INDIVIDUALS SHALL NOT CREATE THE
PRESUMPTION THAT SUCH INDIVIDUALS POSSESS ACTUAL KNOWLEDGE.
(CCC)
"LAW" MEANS ANY LAW, STATUTE, RULE, REGULATION, ORDINANCE, EXTENSION
ORDER, OR OTHER PRONOUNCEMENT HAVING THE EFFECT OF LAW OF THE UNITED STATES, ANY
FOREIGN COUNTRY OR FOREIGN STATE, COUNTY, CITY OR OTHER POLITICAL SUBDIVISION OR
OF ANY GOVERNMENTAL BODY.
(DDD)
INTENTIONALLY LEFT BLANK.
(EEE)
"LENOVO" MEANS LENOVO GROUP LTD.
(FFF)
"LENOVO AGREEMENTS" MEANS THE SUPPLY AGREEMENT #4905RL0274, DATED
APRIL 29, 2005, BETWEEN LENOVO AND SANMINA-SCI; SUPPLY AGREEMENT #4905RL0316,
DATED APRIL
9
29, 2005, between Lenovo and Sanmina-SCI; Distribution and Technical Services
Agreement #4905RL0262, dated May 26, 2005, between Lenovo and Sanmina-SCI;
Statement of Work #4903RL0315, dated May 26, 2005, to Distribution and Technical
Services Agreement #4905RL0262 between Lenovo and Sanmina-SCI; Agreement #
4906L10041, dated February 25, 2006, between Lenovo Singapore and Sanmina-SCI
Hungary; and AMRS Hungary Statement of Work #4906L10042, dated February 28,
2006, to AMRS Agreement #4906L10041.
(GGG)
"LIABILITY" MEANS ANY INDEBTEDNESS, OBLIGATION OR OTHER LIABILITY OF
A PERSON (WHETHER ABSOLUTE, ACCRUED, CONTINGENT, FIXED OR OTHERWISE, OR WHETHER
DUE OR TO BECOME DUE).
(HHH)
"LIEN" MEANS ANY MORTGAGE, PLEDGE, LIEN, CHARGE, CLAIM, SECURITY
INTEREST, ADVERSE CLAIMS OF OWNERSHIP OR USE, RESTRICTIONS ON TRANSFER, DEFECT
OF TITLE OR OTHER ENCUMBRANCE OF ANY SORT, OTHER THAN (A)