definiens: means, on a country - b y - country basis, the first sale of a Licensed Produ ct under this Agreement by Legend, its Affiliates or S ublicensees to an end user or prescriber for use, c onsumption or resale of the Licensed Product in a country in t he Territory where Regulatory Approval of the Licen sed Product has been obtained and where the sale result s in a recordable Net Sale . Sale of a Licensed Prod uct under this Agreement by Legend to an Affiliate of Legend or a Sublicensee of Legend shall not constitute a F irst Commercial Sale unless such Affiliate or such Subli censee is the end user of such Licensed Product and such sale results in a Net Sale . Also, sale of a License d Product under this Agreement by Legend, its Affil iates or Sublicensees in a jurisdiction where Regulatory App roval for that Licensed Product has not yet been at tained shall not constitute a First Commercial Sale under this Agreement