definiens: means the first to occur of any of the following : 1.18.1 [ the first date when a Generic Equivalent or an authorized generic of [COMPANY] to the applicable Solodyn Product is sold in the Territory by a Third Party who is under authority or license of [COMPANY] ] ; or 1.18.2 [ three ( 3 ) Business Days after the first Business Day date when [COMPANY] has received written notice from [COMPANY] in accordance with Section 8.1 that an Unauthorized Generic Product is sold in the Territory by a Third Party, provided that [COMPANY] has not as of the expiration of such three ( 3 ) days moved for a temporary restraining order or injunctive relief or filed an action against the FDA to suspend or revoke such Third Party 's ANDA or otherwise enforce a period of market exclusivity, in each case thereby prohibiting or otherwise enjoining the sale of such Unauthorized Generic Product by such Third Party ] ; or 1.18.3 [ the next Business Day after the date of entry of an order by any court of competent jurisdiction or the FDA, where said order either ( 1 ) denies [COMPANY] ' request for ( A ) a preliminary injunction prohibiting or otherwise enjoining the sale of an Unauthorized Generic Product in the Territory or ( B ) suspension or revocation of the ANDA for an Unauthorized Generic Product thereby prohibiting or enjoining the sale of such Unauthorized Generic Product in the Territory and in the case of either ( l)(A ) or ( l)(B ), [COMPANY] either ( i ) has not filed a writ of mandamus with an appellate court of competent jurisdiction within two ( 2 ) Business Days after the date of such entry or ( ii ) has filed a writ of mandamus with an appellate court of competent jurisdiction within two ( 2 ) Business Days after the date of such entry but has not obtained the requested preliminary injunction or ANDA suspension or revocation within two ( 2 ) Business Days after the date of filing such writ of mandamus, or ( 2 ) in the case of an appellate mandate, vacates previously - entered injunctive relief prohibiting or otherwise enjoining the sale of an Unauthorized Generic Product in the Territory ] ; or 1.18.4 the third ( 3rd ) anniversary of the Effective Date