definiens: means an event or series of events by which any or ( as such terms are used in Sections 13(d ) and 14(d ) of the Securities Exchange Act of1934, but excluding any employee benefit plan of such person or its subsidiaries, and any personor entity acting in its capacity as trustee, agent or other fiduciary or administrator of any suchplan ) becomes the ( as defined in Rules 13d-3 and 13d-5 under the SecuritiesExchange Act of 1934, except that a person or group shall be deemed to have of all securities that such person or group has the immediate right to acquire, directlyor indirectly, of 50 % or more of the equity securities of Buyer or the Surviving Company entitled tovote for members of the board of directors or equivalent governing body of Buyer or the SurvivingCompany ( as applicable ) on a fully - diluted basis ( and taking into account all such securities thatsuch person or group has the right to acquire pursuant to any derivative securities).4 * Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934and has been filed separately with the Securities and Exchange Commission . means a clinical study of a pharmaceutical product conducted onhuman subjects