definiens: means, with respect to each Licensed Product in a country in the Territory, the first sale forwhich revenue has been recognized by EISAI or its Affiliates or Sublicensees for use or consumption by the general public ofsuch Licensed Product in such country after Regulatory Approval ( and pricing or reimbursement approval, if legally requiredfor such sale ) for such Licensed Product has been obtained in such country ; provided, however, that the following shall notconstitute a First Commercial Sale:(a ) any sale to an Affiliate or Sublicensee unless the Affiliate or Sublicensee is the last entity in thedistribution chain of the Licensed Product;(b ) any use of such Licensed Product in Clinical Trials, non - clinical activities or other Developmentactivities, or disposal or transfer of Licensed Products for a bona fide charitable purpose ; and(c ) treatment IND sales, named patient sales, or compassionate use