definiens: ), to the EPIL Intellectual Property ( as defined hereinafter ) pursuant tocompany incorporated under the laws of Ireland ( ), to the EPIL Intellectual Property ( as defined hereinafter ) pursuant tothat certain license agreement between EPIL and Lyotropic dated as of August 17th, 2004 ( the ) ; WHEREAS, Lyotropic has exclusive, licensable rights under the Lyotropic IP ( as defined in Article 1 ) ; WHEREAS, Eagle wishes to develop and market, directly or through sublicenses, throughout the world, a lowvolume high concentration injectable pharmaceutical formulation of dantrolene sodium for humans for the treatment ofmalignant hyperthermia and additional potential indications, and to secure the assistance of Lyotropic in the laboratory andpreclinical development thereof, using Lyotropic ’s laboratory scale, non - GLP facilities and expertise ; and WHEREAS, Lyotropic desires to sublicense to Eagle the EPIL Intellectual Property ( and has obtained from EPIL the consent andauthorization necessary to do so ) and to license the Lyotropic IP, and Eagle desires to accept such sublicense and license, asapplicable, on the terms and conditions set forth herein