definiens: shall mean ( a ) commu nicating to potential purchasers that [COMPANY] or its Affiliates will be selling the ANDA Product in the Territory on or after the Entry Date ( including, fo r example, notification to customers regarding the ANDA Produc t, and engaging customers in non - binding pricing / contracting activities ), ( b ) importing the ANDA Product into the Territory before the Entry Da te, ( c ) manufacturing the ANDA Product or having the AN DA Product manufactured before the Entry Date, and ( d ) shipping or delivering or distributing the ANDA Product to Third Party distributors or Affiliated distributors before the Entry Date . For the avoidance of doubt, the limited Pre - Marketing permitted pursuant to Sec tion 5.4 shall not include entering into binding contracts b efore the Entry Date for the sale of the ANDA Produ ct to a Third Party other than a distributor, making bindin g offers before the Entry Date to sell the ANDA Pro duct to a Third Party other than a distributor, or selling AN DA Product to a Third Party other than a distributo r before the Entry Date . For the further avoidance of doubt, the limited Pre - Marketing permitted pursuant to Sectio n 5.4 shall not include the disclosure of any non - public terms of this Settlement Agreement