definiens: means any pharmaceutical product, other than those currentlymarketed by the Company, its Affiliates, or their respective sublicensees under the brand TIVORBEX, that is:(i ) currently marketed by the Company, its Affiliates, or their respective sublicensees that includes indomethacin asan API, or any successor pharmaceutical product thereof ( including any pharmaceutical product whose developmentis based upon, incorporates or is otherwise derived from or dependent upon any data, information or rights underlyingor comprising such currently marketed pharmaceutical products ) ( ) ; ( ii ) marketed duringthe Royalty Term by the Buyer, its Affiliates or their respective sublicensees that includes indomethacin as an API ; or(iii ) marketed during the Royalty Term by the Buyer or its Affiliates or their respective sublicensees that is or would becompetitive with the revenue from any pharmaceutical product referenced in subsections ( i ) and ( ii ) hereof