definiens: means the Acticoat 7 product ( referred to in FDA 510 K number KOO 1519 ) which has the features set out in the Specifications applicable thereto and which was marketed and sold by Nucryst under the tradename immediately prior to the Original Effective Date, together with all Improvements thereto which S&N and Nucryst Il1 writing to implement ; 1.1.2 means the Acticoat absorbent dressing product ( referred to in FDA 510 K number K002896 ) which has the features set out in the Specifications applicable thereto and which was marketed and sold by Nucryst under the trade name immediately prior to the Original Effective Date, together with all Improvements thereto which S&N and Nucryst agree in writing to implement ; 1.1.3 means the Acticoat moisture control dressing product ( refelTed to in FDA 510 K number K010447 ) which has the features set out in the Specifications applicable thereto and which was marketed and sold by Nucryst under the tradename immediately prior to the Original Effective Date, together with all Improvements thereto which S&N and Nucryst agree in writing to implement ; 1.IA means the Acticoat product which has the features set out in the Specifications applicable thereto, together with all Improvements thereto which Nucryst and S&N agree in writing to implement ; 1.1.5 means the Acticoat post operative dressing product which has the features set out in the Specifications applicable thereto, together with all Improvements thereto which Nucryst and S&N agree in writing to implement ; 1.1.6 means the Acticoat product ( referred to in FDA 510 K number K955453 ) which has the features set out in the Specifications applicable thereto and which was marketed and sold by Nucryst under the tradename or immediately prior to the Original Effective Date, together with all Improvements thereto which S&N and Nucryst agree in writing to implement ; 1.1.7 1.1.8 1.1.9 1.1.10 1.1.11 1.1.12 1.1.13 1.1.14 1.1.15 3 means the Acticoat product which has the features set out in the Specifications thereto, together with all Improvements thereto which Nucryst and S&N agree in writing to implement ; means the trade - marks listed on Schedule ; means any Person that directly or indirectly controls, is controlled by, or is under common control with another Person . A Person shall be deemed to another Person if the Person O\vns, directly or indirectly, more than fifty percent ( 50 % ) of the outstanding voting securities, capital stock, or other comparable equity or ownership interest of such Person . If the laws of the jurisdiction in which such Person operates prohibit ownership of more than fifty percent ( 50 % ), control shall be deemed to exist at the maximum level of ownership allowed by such jurisdiction ; means this second amended and restated license and development agreement, together with all Schedules hereto and any amendments to or restatements of this second amended and restated license and development agreement ; means the initial approval from TUV or such other qualified notified body as a Class III medical device, including claims relating to ( i ) a sustained release of silver, and ( ii ) prevention and reduction of infection in wounds, of either the Acticoat Product or the Acticoat 7 Product, which product shall be agreed to by the parties within forty - five ( 45 ) days from the Original Effective Date, failing such agreement then as specified by S&N in its sole discretion within fifty ( 50 ) days of the Original Effective Date ; provided, however that if the parties fail to agree and S&N fails to specify such product within such fifty ( 50 ) day period, then Nucryst shall be entitled to choose either the Acticoat Product or the Acticoat 7 Product, in its sole discretion