definiens: shall mean that Concurrent and any non - Affiliate entity have entered into a sublicense, co - development, marketing or other commercial arrangement ( with the exception of any distribution - only arrangement ) concerning the applicable Transferred Compound or Product pursuant to which such entity agrees to compensate Concurrent ( either in cash or non - cash consideration ), including without limitation, any agreement where the entity obtains ( i ) anyone or more of the rights to develop, market, sell, use, sublicense and/or transfer Transferred Compounds, Products and/or Licensed JP, ( ii ) the right to incorporate any Transferred Compound, Product or Licensed IP in its own products and for any one or more of the rights to develop, market, sell, use, sublicense and/or transfer the resulting combination, or ( iii ) the right to attach its own active ingredient(s ) to Transferred Compounds or Products and for anyone or more of the rights to develop, market, sell, use, sublicense and/or transfer the resulting combination