definiens: shall mean with respect to any sale of the Product by Buyer or any of itsSubsidiaries, the amount reported or reflected, or to be reported or reflected, in the Buyer ’s financial statements filedwith the SEC in reports filed by the Buyer pursuant to Section 13 or 15(d ) of the Exchange Act, or, if the Buyer is notat the time subject to the reporting requirements of the SEC, the reports that it would be required to file had it been sosubject, in each case prepared in accordance with GAAP, consistently applied by Buyer, with respect to such sale;provided that if the Buyer or any of its Subsidiaries licenses or provides any similar rights to one or more third - partiesto sell the Product in the United States, or any portion thereof, in circumstances that do not constitute a Product LineSale, shall include the amount of all sales by any such third - party in the United States that the Buyerwould be required to recognize as aforesaid had the Buyer or any such Subsidiary been the seller of the Product . Forthe avoidance of doubt, but subject to Section 1.15(b)(vi ) without duplication, shall include royalties andother amounts actually received by the Buyer with respect to any license related to the Product ( other than anyProduct Line Sale ) that is granted to a third party ; provided that there shall be excluded from any royaltiesor other amounts received by the Buyer with respect to any license or similar right related to the Product granted toany third - party in circumstances where the sales by such third - party are included in in accordance with thepreceding sentence