definiens: means the first sale of a Product by Dicerna ( in the case of the Dicerna Products ) or by [COMPANY] ( in the case of the [COMPANY] Products ), or one of its 6 CONFIDENTIAL Affiliates or their Sublicensees, to an unaffiliated third party after receipt of all Marketing Authorizations required to market and sell the applicable Product have been obtained in the country in which such Product is sold . Sales for purposes of testing a Product and sample purposes sh all not be deemed a First Commercial Sale . Furthermore, for purposes of clarity, the term as used in this Agreement shall not include : ( i ) any distribution or other sale solely for so -called treatment IND sales, named patient sales, compassionate or emergency use sales or pre -license sales, in each case provided that such Product is distributed without charge or sold at or below cost ; ( ii ) intercompany transfers to Affiliates of Dicerna ( in the case of the Dicerna Products ) or of Aln ylam ( in the case of the [COMPANY] Products ) or between such entities and a Sublicensee of Dicerna ( in the case of the Dicerna Products ) or of [COMPANY] ( in the case of the [COMPANY] Products ) or an Affiliate, provided that a subsequent sale to an unaffiliated T hird Party by such Affiliate of Dicerna ( in the case of the Dicerna Products ) or of [COMPANY] ( in the case of the [COMPANY] Products ) or Sublicensee is not considered an intercompany transfer ; nor ( iii ) other similar non -commercial sales