definiens: means, for the period commencing on the first fiscal quarterimmediately following the occurrence of the earliest of ( A ) December 31, 2019, ( B ) the date that is the last day of the under the LipoSonix Agreement and ( C ) the date on which Buyer has made ( or has been deemed tohave made pursuant to Section 3.10 of the LipoSonix Agreement ) the aggregate under theLipoSonix Agreement equal to * * *, and ending on the Contingent Payment Termination Date, the amount that wouldotherwise be payable by Buyer pursuant to Section 2.5 of this Agreement ( or its permitted assignee ) under the LipoSonixAgreement in respect of the ( as defined in the LipoSonix Agreement ) for the thenapplicable ( as defined in the LipoSonix Agreement ) had none of the events described in clauses(A ), ( B ) or ( C ) above occurred