definiens: shall mean the Infergen owned or controlled by Seller for Seller 's marketing and sale in the Territory, which ( i ) are in finished dosage form, including Seller 's trade dress, ( ii ) are of a quality usable and salable in the ordinary course of business, ( iii ) comprise unsold lots, and ( iv ) as of the Closing Date, have at least two - thirds of their shelf life remaining . For the avoidance of doubt, for purposes of this Agreement, unless otherwise expressly stated herein, the term shall not include ( and, among other things, Buyer shall not be required to purchase pursuant hereto ) the Clinical Trial Inventory or any Infergen which does not satisfy all of the foregoing conditions . For the avoidance of doubt, for purposes of this Agreement, the term shall include Infergen held in inventory by Seller and acquired by Seller from Amgen under Purchase Order No . 6273 ; provided, that such Infergen otherwise satisfies all of the conditions of subparagraphs ( i)-(iv ) above and is subject to the Inventory Cap, all as otherwise provided in this Agreement