definiens: ) . 4 . The tenn shall mean any product or proposed product, other than the Products and Product Improvements or Kos ' Niaspan / simvastatin combination products ( it being understood and agreed that notwithstanding the foregoing, Kos shall not enter into an arrangement with any Third - Party for the development or commercialization of a Niaspanlsimvastatin combination product on terms that, when taken as a whole, are materially more favorable to such Third - Party, than the tenns that Kos has offered to [COMPANY] previously ), Final Version IS August 2006 US _ WEST:260025032.1 13253 - 3 RMTIRMT which contains, in any dosa c fonn and/or formulation ( i ) nicotinic acid in combination with any other actIve ingredients, or ( ii ) nicotinic acid enva Ives whether or not in combination with any other active ingredients