definiens: meaning, as of the time of any determination thereof, total cash, cash equivalents and investments as reported by [COMPANY] in its SEC Filings prepared in accordance with GAAP . For purposes of this definition total cash, cash equivalents and investments shall exclude any restricted cash . " 1.11 Amendment of Section 12.1.3 . Section 12.1.3 is hereby deleted in its entirety and replaced with the following : " 12.1.3 Termination 0/ Development Agreement . [COMPANY] or [COMPANY], as the case may be, shall tenninate the Development Agreement pursuant to Sections 12.2.1 or 12.4 thereof ; " 1.12 Amendment of Exhibit B ( Form of Patent Office Filing ), Section 1.6 . Exhibit B ( Foro ) of Patent Oftice Filing ), Section 1.6 is hereby deleted in its entirety and replaced with the following : Development Candidate " shall mean any Development Candidate ( as such term is defined in the Development Agreement after the Third Amendment Effective Date ) other than any Licensable Compound . " 1.13 Amendment of Exhibit B ( Form of Patent Office Filing ), Section 1.8 . Exhibit B ( Fonn of Patent Office Filing ), Section 1.8 is hereby deleted in its entirety and replaced with the following : Development Compound " shall mean any Development Compound ( as such tenn is defined in the Development Agreement after the Third Amendment Effective Date ) other than any Licensable Compound . " 1.14 Amendment of Exhibit B ( Form of Patent Office Filing ), Section 1.11 . Section 1.11 is hereby deleted in its entirety and replaced with the following : Included Compound " shall mean any Included Compound ( as such term is defined in the Development Agreement after the Third Amendment Effective Date ) . " US Addition or new of Exhibit B ( Form of Patent Office Filing ), Section 2.2 . A new Section 2.2 of Exhibit B ( Form of Patent Office Filing ) is hereby added to read in its entirety as follows : " 2.2 Termination of Security Interest in Licensable Compounds . [COMPANY] ackllowledges and agrees that the definitions of and have been amended, 4 I 1= CERTAlN COJliFIDEJlfflAL INFORMATION COJl . 'TAINED IN TntS DOCUMENT, MAfUffiD 8f BRACKETS, IS FILED WITH THE SECURITIES MD EXCQANGE COMMISSION PUllSUANT TO RULE 248 - 2 Of THE SECURITIES EXCHANCE ACT 0111934, AS A.vn : t\1)ED