OR
DELIVERY OF GOODS OR MATERIALS BY GISH OF AN AMOUNT OR VALUE IN EXCESS OF
US DOLLARS 50,000 (USD FIFTY THOUSAND);
(II)
EACH APPLICABLE CONTRACT THAT INVOLVES PERFORMANCE OF SERVICES OR
DELIVERY OF GOODS OR MATERIALS TO GISH OF AN AMOUNT OR VALUE IN EXCESS OF
US DOLLARS 50,000 (USD FIFTY THOUSAND);
(III)
EACH APPLICABLE CONTRACT THAT WAS NOT ENTERED INTO IN THE
ORDINARY COURSE OF BUSINESS AND THAT INVOLVES EXPENDITURES OR RECEIPTS OF GISH
IN EXCESS OF US DOLLARS 50,000 (USD FIFTY THOUSAND);
(IV)
EACH LEASE, RENTAL OR OCCUPANCY AGREEMENT, LICENSE, INSTALLMENT
AND CONDITIONAL SALE AGREEMENT, AND OTHER APPLICABLE CONTRACT AFFECTING THE
OWNERSHIP OF, LEASING OF, TITLE TO, USE OF, OR ANY LEASEHOLD OR OTHER INTEREST
IN, ANY REAL OR PERSONAL PROPERTY (EXCEPT PERSONAL PROPERTY LEASES AND
INSTALLMENT AND CONDITIONAL SALES AGREEMENTS HAVING A VALUE PER ITEM OR
AGGREGATE PAYMENTS OF LESS THAN US DOLLARS 10,000 (USD TEN THOUSAND) AND WITH
TERMS OF LESS THAN ONE YEAR);
(V)
EACH LICENSING AGREEMENT OR OTHER APPLICABLE CONTRACT WITH RESPECT
TO PATENTS, TRADEMARKS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY, INCLUDING
AGREEMENTS WITH CURRENT OR FORMER EMPLOYEES, CONSULTANTS, OR CONTRACTORS
REGARDING THE APPROPRIATION OR THE NON-DISCLOSURE OF ANY OF THE INTELLECTUAL
PROPERTY ASSETS;
(VI)
EACH COLLECTIVE BARGAINING AGREEMENT AND OTHER APPLICABLE CONTRACT
TO OR WITH ANY LABOR UNION OR OTHER EMPLOYEE REPRESENTATIVE OF A GROUP OF
EMPLOYEES;
(VII)
EACH JOINT VENTURE, PARTNERSHIP, AND OTHER APPLICABLE CONTRACT
(HOWEVER NAMED) INVOLVING A SHARING OF PROFITS, LOSSES, COSTS, OR LIABILITIES BY
GISH WITH ANY OTHER PERSON;
(VIII)
EACH CONTRACT AND AGREEMENT THAT IN ANY WAY LIMITS OR PURPORTS TO
LIMIT THE ABILITY OF GISH TO COMPETE IN ANY LINE OF BUSINESS OR WITH ANY PERSON
OR IN ANY GEOGRAPHIC AREA OR DURING ANY PERIOD OF TIME;
32
(IX)
EACH APPLICABLE CONTRACT PROVIDING FOR PAYMENTS TO OR BY ANY
PERSON BASED ON SALES, PURCHASES, OR PROFITS, OTHER THAN DIRECT PAYMENTS FOR
GOODS;
(X)
EACH CONTRACT BETWEEN GISH AND EACH OF SELLER AND ITS AFFILIATES;
(XI)
EACH CONTRACT PROVIDING FOR A NEGATIVE PROFIT MARGIN;
(XII)
EACH CONTRACT WHICH PROVIDES FOR A "PURCHASE ON APPROVAL" OR ANY
OTHER OPTION FOR THE PURCHASER TO CONSUMMATE THE PURCHASE OF A GISH PRODUCT
AFTER A PERIOD OF ONE MONTH OR LONGER FOLLOWING RECEIPT OF SUCH PRODUCT;
(XIII)
EACH POWER OF ATTORNEY THAT IS CURRENTLY EFFECTIVE AND
OUTSTANDING;
(XIV)
EACH APPLICABLE CONTRACT ENTERED INTO OTHER THAN IN THE ORDINARY
COURSE OF BUSINESS THAT CONTAINS OR PROVIDES FOR AN EXPRESS UNDERTAKING BY GISH
TO BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES;
(XV)
EACH APPLICABLE CONTRACT FOR CAPITAL EXPENDITURES IN EXCESS OF
US DOLLARS 50,000 (USD FIFTY THOUSAND);
(XVI)
EACH WRITTEN WARRANTY, GUARANTY, AND OR OTHER SIMILAR UNDERTAKING
WITH RESPECT TO CONTRACTUAL PERFORMANCE EXTENDED BY GISH OTHER THAN IN THE
ORDINARY COURSE OF BUSINESS;
(XVII)
EACH APPLICABLE CONTRACT PROVIDING FOR A COMMITMENT OF EMPLOYMENT
FOR A SPECIFIED OR UNSPECIFIED TERM OR OTHERWISE RELATING TO EMPLOYMENT OR THE
TERMINATION OF EMPLOYMENT;
(XVIII)
EACH APPLICABLE CONTRACT RELATING TO THE FUTURE DISPOSITION OR
ACQUISITION OF ANY ASSETS AND PROPERTIES