definiens: means any event, circumstance, condition, development or occurrence causing, resulting in or having a materialadverse effect on Ascent, the Intellectual Property, or the Pediatrics Business, taken as a whole ; provided that in no event shallany of the following be deemed to constitute or be taken into account in determining an Ascent Material Adverse Effect : anyevent, circumstance, change or effect that results from ( A ) changes affecting the economy generally, ( B ) changes in thepharmaceutical industry as a whole or in the market for oral liquid prednisolone solution products or oral dissolving tabletprednisolone products, ( C ) the public announcement or pending nature of the Transactions, or ( D ) any adverse judgment, verdict or Order relating to the Litigation Matters ( provided that this clause ( D ) shall not restrict or modify the conditions setforth in Sections 6.1, 6.3 and 6.4 ) . With respect to [COMPANY] and/or [COMPANY] Acquisition, a means any event, circumstance, condition, development or occurrence causing, resulting in or having a materialadverse effect on the business, condition, capitalization, assets, liabilities, operations or financial performance of [COMPANY], taken as a whole ; provided that in no event shall any of the following be deemed to constitute or be taken into account indetermining a [COMPANY] Material Adverse Effect : any event, circumstance, change or effect that results from ( x ) changesaffecting the economy generally, ( y ) changes in the pharmaceutical industry as a whole, or ( z ) the public announcement orpending nature of the Transactions