definiens: means the earliest of : ( i ) January 10, 2029 ; ( ii ) [ … * * * … ] days after any Third Party, who is the, as that term is defined in 21 U.S.C. § 355(j)(5)(B)(iv)(II ) ( as ame nded or replaced ), Markets a Generic Product in the Territory, provided that the First A pplicant has not forfeited, relinquished, or otherwise waived its 180 - day exclusivity as desc ribed in 21 U.S.C. § 355(j)(5)(B)(iv ) ( as amended or replaced ) ; ( iii ) The date on which a Final Court Decision is e ntered holding that each of the unexpired, then - asserted and adjudicated claims of the ‘ 078, ‘ 838, ‘ 450, ‘ 613, ‘ 164, and ‘ 809 patents, and any Orange Book - listed continuations, divisionals, reissues or reexamined patents thereof, are invalid, not infringed, and/or unenforceable ; ( iv ) The date on which the latest expiring patent o f the ‘ 078, ‘ 838, ‘ 450, ‘ 613, ‘ 164, and ‘ 809 patents, and any Orange Book -listed continuations, divisionals, reissues or reex amined patents thereof, has expired, been permanently aban doned, or delisted from the Orange Book ; * * * Confidential Treatment Requested Confidential Settlement Agreement Page 4 of 32 EXECUTION VERSION ( v ) The date on which a Third Party who is not a Fi rst Applicant, or who is a First Applicant that has forfeited, relinquished, or otherwise waiv ed its 180 - day exclusivity as described in 21 U.S.C. § 355(j)(5)(B)(iv ) ( as amended or repl aced ), begins Marketing a Generic Product or Authorized Generic in the Territory with authorization from Plaintiffs ; ( vi ) The date that is [ … * * * … ] days after the end of any consecutive rolling [ … * * * … ] month period with respect to which the units of NDA Produ ct shipped by Plaintiffs, or on Plaintiffs ’ behalf, to customers during such period drops below [ … * * * … ] percent of the previous [ … * * * … ] months shipped units, provided tha t such decline is not the result of a bona fide supply interruption . Plaintiffs shall kee p accurate records with respect to the units of NDA Product shipped each month and shall p rovide [COMPANY] with updates regarding the number of units shipped each month, s tarting with units shipped in April 2015 and ending with units shipped in [ … * * * … ], by t he [ … * * * … ] business day after the end of each such month, unless the License Effe ctive Date is earlier than [ … * * * … ]