definiens: means ( i ) prior to the Closing Date, the Company and each of its Affiliates, licensees andsublicensees with respect to rights to develop or commercialize the Product ( but not a distributor of the Product actingsolely in the capacity of a distributor and not otherwise a licensee or sublicensee with respect to development orcommercialization rights as to the Product ), and ( ii ) on and following the Closing Date, Parent, any Assignee and eachof their respective Affiliates, licensees and sublicensees with respect to rights to develop or commercialize theProduct, and any direct or indirect transferee, successor or assignee ( including through any change of control ) of therights to sell the Product of any of the foregoing ( but not a 7 distributor of the Product acting solely in the capacity of a distributor and not otherwise an Assignee, licensee orsublicensee with respect to development or commercialization rights as to the Product or transferee, successor orassignee of the rights to sell the Product )