definiens: means, with respect to a particular Merck Royalty Product, a product or productcandidate of similar strategic importance to Buyer, with similar technical characteristics, with what Buyer reasonablybelieves to be a similar commercial potential at a similar stage in its development or product life, taking into accountall payments due to Seller and its Affiliates under this Agreement and the Ancillary Documents and all other relevantfactors, including without limitation, technical, legal, scientific and/or medical factors such as the nature of theproduct, the clinical setting in which it is expected to be used, stage of CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . ACOMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THESECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIALTREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934