definiens: -in relation to a Party, means anyone of the following : ( i ) a resolution shall have been passed by that Party 's directors or by its shareholders to request a court to open insolvency proceedings as defined in Article 2 ( a ) of the European Insolvency Regulation ; or ( ii ) a request to open such insolvency proceedings shall have been submitted by that Party to a court ; or ( iii ) another person or entity who has the power to request the opening of insolvency proceedings as defined in Article 2(a ) of the European Insolvency Regulation shall have submitted such request ; or ( iv ) insolvency proceedings as defined in Article 2(a ) of the European Insolvency Regulation have been opened with respect to that Party ; or ( v ) a request has been filed for suspension of debts of AMT ; or ( vi ) AMT, as a consequence of financial difficulties, makes any voluntary arrangement with its creditors outside a bankruptcy, suspension of payments or any other similar regulation ; or ( vii ) an order is made or a resolution passed for the winding - up of AMT ; -technical and other information which is not in the public domain, including information comprising or relating to concepts, discoveries, data, designs, 7 ActiveUS 117185031v.1 000392 formulae, ideas, inventions, methods, models, assays, research plans, procedures, designs for experiments and tests and results of experimentation and testing ( including results of research or development ), processes ( including manufacturing processes, specifications and techniques ), laboratory records, chemical, pharmacological, toxicological, clinical, analytical and quality control data, trial data, case report forms, data analyses, reports, manufacturing data or summaries and information contained in submissions to and information from ethical committees and regulatory authorities . Know How includes Documents containing Know How, including but not limited to any rights including trade secrets, copyright, database or design rights protecting such Know How . The fact that an item is known to the public shall not be taken to preclude the possibility that a compilation including the item, and/or a development relating to the item, is not known to the public