definiens: shall mean the Rights of Reference to the Product NDA granted byDepomed:(a ) to Boehringer Ingelheim International GmbH ( including its successors and permitted assigns, ) under theLicense and Services Agreement between [COMPANY] and BI dated March 4, 2011 ( the ), with respect to theCombination Product identified in the BI Agreement, including BI ’s right under the BI Agreement to extend such Rights ofReference to BI ’s Affiliates and Third Party contractors and contract service organizations;(b ) to Janssen Pharmaceutica N.V. ( including its successors and permitted assigns, ) under the LicenseAgreement between [COMPANY] and Janssen dated August 5, 2010 ( the ), with respect to the CombinationProduct identified in the Janssen Agreement, including Janssen ’s right under the Janssen Agreement to sublicense or otherwiseextend such Rights of Reference to Janssen ’s Affiliates and sublicensees;(c ) to Merck & Co., Inc. ( including its successors and permitted assigns, ) under the Non - Exclusive License, Covenant Not to Sue and Right of Reference Agreement between [COMPANY] and Merck dated July 21, 2009 ( the ), with respect to the Combination Product identified in the Merck Agreement, including Merck ’s right under theMerck Agreement to sublicense or otherwise extend such Rights of Reference to Merck ’s Affiliates, sublicensees andcontractors ; 7 Confidential Information, indicated by [ * * * ] has been omitted from this filingand filed separately with the Securities Exchange Commission.(d ) to LG Life Sciences Ltd. ( including its successors and permitted assigns, ) under the Amended LicenseAgreement between [COMPANY] and LG dated January 9, 2007 ( the ), with respect to Products forCommercialization in Korea, including LG ’s right under the LG Agreement to sublicense or otherwise extend such Rights ofReference to LG ’s Affiliates and permitted sublicensees ; and(e ) to BLS under the BLS Canada License Agreement, with respect to Products for Commercialization in Canada, including BLS ’s right under the BLS Canada License Agreement to sublicense or otherwise extend such Rights of Referenceto BLS ’s Affiliates and sublicensees