Common use of Exhibit 4 Clause in Contracts

Exhibit 4. 10 (a) contains a true and complete list of all of the following agreements or arrangements, whether written or non-written, by which the Company is bound or under which it may still have any obligation or liability (the “Material Agreements”): (1) agreements relating to the acquisition, sale or encumbrance of any shareholding, business or real estate or of any other fixed asset, provided the consideration or value of such other fixed asset exceeds USD 50,000; (2) joint venture, partnership, shareholder or cooperation agreements relating to the conduct of a material part of the business of the Company; (3) rental and lease agreements (i) which relate to real estate or (ii) which relate to other fixed assets and, individually, provide for annual payments of USD 20,000 or more; (4) licence agreements (whether as licensor or licensee) regarding any intellectual property rights or know-how (other than licence agreements for standard application software, entered into in the normal course of business); secrecy or confidentiality agreements relating to technical or other know-how; (5) loan agreements (including those relating to any intercompany debt towards a member of the Seller’s Group), bonds, notes or other agreements relating to financial debt (including finance leases, sale and leaseback arrangements, asset backed financing or securitisation agreements); agreements which grant or create any lien, pledge or other security interest in any assets of the Company in respect of any such financial debt; (6) agreements with distributors, sales agents and other resellers or sales representatives; (7) frame or master agreements with the ten major suppliers and customers of the Company (based on the aggregate consolidated sales in 2007) or with any other suppliers of any products or materials which are material for the business of a Company and may not be replaced on the market on equivalent terms (the “Key Suppliers” or “Key Customers”); (8) agreements with governmental authorities (including anti-trust authorities) or any entities controlled by any governmental authority which relate to any regulatory matter or other matter governed by public law; (9) any long-term agreements (Dauerschuldverhältnisse) of any type other than as referred to above which provide for an annual consideration in excess of USD 20,000 and may not be terminated by the Company on less than six months’ notice and without penalty. (10) agreements with (i) Seller or any other member of the Seller’s Group (including service agreements or arrangements relating to group charges, but except for normal orders of supply in the ordinary course of the Company’s business and on arm’s length terms), (ii) any director or officer of the Seller’s Group or (iii) any person related (nahestehend) to an entity or person referred to in (i) and (ii); (11) guarantees, letters of credit, indemnities or suretyships issued by the Company or agreements under which the Company provides a security interest in any of its assets, in each case with respect to any indebtedness of a third party; subordination agreements (Rangrücktrittserklärungen); (12) agreements relating to forward transactions, futures, options, swaps or other derivatives or hedging arrangements; (13) agreements with consultants or advisors; (14) agreements including territorial restrictions in supplier or reseller agreements) that materially limit the freedom of a Company to compete in the Automotive Business or geographic area or with any third party; (15) agreements entered into with any public entity (öffentlicher Auftraggeber) within the meaning of Section 98 of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen); (16) agreements which are material for the business of the Company and which may be terminated, modified or renegotiated by the other party, or provide for any other adverse consequence for the Company (including the loss of any right or benefit), as a result of any change of control of the Company; (17) agreements entered into outside the ordinary course of a Company’s business.

Exhibit 4. 10 (a) 10.1 contains a true and complete list of all of the following agreements or arrangements, whether written or non-written, by (i) to which the Company is bound a party or (ii) under which it the Company may still have any obligation or liability (the “Material Agreements”): (1i) agreements relating to the acquisition, sale or encumbrance of any shareholding, business or real estate or of any other fixed asset, provided the consideration or value of such other fixed asset exceeds USD EUR 50,000; (2ii) joint venture, partnership, shareholder or cooperation agreements relating to the conduct of a material part of the business of the Company; (3iii) rental and lease agreements (i) which relate to real estate or (ii) which relate to other fixed assets and, individually, provide for annual payments of USD 20,000 EUR 50,000 or more; (4iv) licence license agreements (whether as licensor or licensee) regarding any intellectual property rights or know-how, provided the annual consideration or value of such intellectual property right or know-how exceeds an amount of EUR 25,000 or more (other than licence license agreements for standard application software, entered into in the normal ordinary course of business); secrecy or confidentiality agreements relating to technical or other know-howhow (except for such agreements entered into within the ordinary course of business or with the potential acquirers of the Company entered into in 2008); (5v) loan agreements (including those relating to any intercompany debt towards a member of the Seller’s Group), bonds, notes or other agreements relating to financial debt (including finance leasesbank borrowings or lease payment obligations, sale and leaseback arrangements, asset backed financing or securitisation agreements)in any case exceeding EUR 100,000; agreements which grant or create any lien, pledge or other security interest in any assets of the Company in respect of any such financial debtdebt as set forth in this Section 4.10.1; (6vi) agreements with distributors, sales agents and other resellers or sales representatives; (7vii) frame or master agreements agreements, if any, with the ten (10) major suppliers and customers of the Company (based on the aggregate consolidated sales in 2007) or with any other suppliers of any products or materials which are material for the business of a Company and may not be replaced on the market on equivalent terms (the “Key Suppliers” or “Key Customers”2008); (8) viii) material agreements with governmental authorities (including anti-trust authorities) or any entities controlled by any governmental authority which relate relating to any regulatory matter or other matter governed by public lawmatters; (9ix) any long-term agreements (Dauerschuldverhältnisse) of any type other than as referred to above which provide for an annual consideration in excess of USD 20,000 EUR 50,000 and may not be terminated by the Company on less than six months’ or shorter notice and without penalty. (10x) agreements with (ia) Seller or any other member of the Seller’s Group (including service agreements or arrangements relating to group charges, but except for normal orders of supply in the ordinary course of the Company’s business consistent with past practice and any intercompany agreements on armCompany’s length termsproducts), (iib) any director or officer of the Seller’s Group (except for the Company) or (iiic) any person related (nahestehend) (pursuant to section 138 German Insolvency Act (InsO)) to an entity or person referred to in (ia) and (iib); (11xi) guarantees, letters of credit, indemnities or suretyships issued by the Company or agreements under which the Company provides a security interest in any of its assets, in each case with respect to any indebtedness of a third party; Third Party and subordination agreements (Rangrücktrittserklärungen);; and (12xii) agreements relating to forward transactionstransactions (Termingeschäfte), futures, options, swaps or other derivatives or hedging arrangements;. (13xiii) agreements with consultants or advisorsadvisors exceeding an annual amount of EUR 20,000; (14) agreements including territorial restrictions in supplier or reseller agreements) that materially limit the freedom of a Company to compete in the Automotive Business or geographic area or with any third party; (15) agreements entered into with any public entity (öffentlicher Auftraggeber) within the meaning of Section 98 of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen); (16) agreements which are material for the business of the Company and which may be terminated, modified or renegotiated by the other party, or provide for any other adverse consequence for the Company (including the loss of any right or benefit), as a result of any change of control of the Company; (17xiv) agreements entered into outside the ordinary course of a the Company’s businessbusiness exceeding an amount of EUR 100,000.