definiens: of but, excluding as defined inthe Consent Agreement, in the Territory that would otherwise be payable solely toGrünenthal pursuant to Section 7.3(e)(i ) according to the schedule set forth below : Portion of annual of Rate Payable toGrünenthal Rate Payable toDepomed Up to Two Hundred Thirty - Three MillionDollars ( $ 233,000,000 ) [ * * * ] [ * * * ] Above Two Hundred Thirty - Three MillionDollars ( $ 233,000,000 ) and up to TwoHundred Fifty - Eight Million Dollars($258,000,000 ) [ * * * ] [ * * * ] Above Two Hundred Fifty - Eight MillionDollars ( $ 258,000,000 ) and less thanThree Hundred Million Dollars($300,000,000 ) [ * * * ] [ * * * ] 57 Certain information in this document has been omitted and filed separately with theSecurities and Exchange Commission . Confidential treatment has been requestedwith respect to the omitted portions marked [ * * * ]