definiens: means the lesser of : ( i ) payments to be made by BDSI pursuant to Section 6.6.1 and, if applicable for any period during which Licensed Products are sold in the Territory, 6.6.3 of that certain Clinical Development and License Agreement, dated July 14, 2005, as amended, among CDC V, LLC ( ), BDSI Parent, Arius and Arius Two, Inc. ( the ) ; ( ii ) in the event of any amendment of the CDC Agreement following the Effective Date that increases payments due under Section 6.6.1 and/or 6.6.3 thereof for any period, the payments that would have been due by BDSI for such period pursuant to Sections 6.6.1 and, if applicable for any portion of such period during which Licensed Products are sold in the Territory, 6.6.3 of the CDC Agreement under the terms thereof as the CDC Agreement existed as of the Effective Date, absent the effects of such later amendment thereto ; and ( iii ) ten and one half percent ( 10.5 % ) of Net Sales ( as defined in the CDC Agreement ) ( )