definiens: ( as such termis defined in 42 C.F.R § 1001.2 ), employee, or, to the knowledge of [COMPANY], agent or distributorof [COMPANY] or any of its Subsidiaries : ( A ) has been debarred or convicted of any crime orengaged in any conduct for which debarment is mandated by 21 U.S.C. § 335a(a ) or any similarapplicable Law or authorized by 21 U.S.C. § 335a(b ) or any similar applicable Law applicable inother jurisdictions in which material quantities of any of the [COMPANY] Products are sold orintended by [COMPANY] to be sold ; or ( B ) has been excluded from participation in any 52 Governmental Healthcare Program or convicted of any crime or engaged in any conduct forwhich such Person could be excluded from participating in any Governmental HealthcareProgram under Section 1128 of the Social Security Act of 1935, as amended, or any similarapplicable Law or program