definiens: shall mean the earlier of ( i ) April 1, 2021, ifPar is not entitled to the 180 - day first - filer exclusivity period described in 21 U.S.C. § 355(j)(5)(B)(iv ) ; ( ii ) October 1, 2020, if Par is entitled to the 180 - day first - filer exclusivity period described in 21U.S.C. § 355(j)(5)(B)(iv ) ; ( iii ) 12:01 a.m. Eastern Time on the day after a final decision from whichno appeal ( other than a petition to the Supreme Court for a writ of certiorari ) has been or can betaken, holding the then - asserted and adjudicated claims of the Licensed Patents at issue in thecase in which such decision is entered to be invalid, unenforceable, or not infringed by a GenericEquivalent ( an ) ; or ( iv ) the earlier of : ( a ) thirty ( 30 ) days after the date that aThird Party commences sales of a Generic Equivalent without permission, license, acquiescenceor authorization by [COMPANY] or its Affiliates ( ), provided that [COMPANY] has notobtained by that time a decision or order by any court granting an application for a preliminary orpermanent injunction, temporary restraining order, or- 5 – [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately withthe Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended