definiens: shall mean, as applicable with respect to the ALO Capsule Product and the ALO Tablet Product, the selective waiver by ALO to [COMPANY] of its claim to First to File Exclusivity rights relating to such Products, which includes ALO : ( i ) obtaining ALO Final Approval for the applicable Product ; ( ii ) making a commercial sale of the applicable Product to an unaffiliated third party in an arms - length transaction in the Territory ; ( iii ) delivering a copy of the waiver letter to the FDA for the applicable Product in the form attached hereto as Exhibit A or such other version of those letters as the Parties may mutually agree ; and ( iv ) cooperating with [COMPANY] in order for [COMPANY] to obtain as promptly as possible [COMPANY] Final Approval for the applicable Product, including but not limited to, refraining from taking any action that may interfere in obtaining such prompt [COMPANY] Final Approval