definiens: Loss of Exclusivity Date " shall mean the earliest of : ( a ) [ the date of the First Commercial Sale ( as defmed in Section 1.24 of the Agreement, but for the purposes of this Section 1.28 only, substituting ' REQUIPTM Product ' for ' Product ' in such definition ) of the first Generic REQUIPTM Product in the United States [ ; ( b ) [ July 1, 2011 ] ; and ( c ) the date that the REQUIPTM Product is withdrawn from the United States market . The term [ ' Generic REQUIPTM Product ' shall mean a true generic product, i.e., a non - proprietary product containing an extended release formulation of ropinirole HCL, that : ( A ) is substantially identical to the REQUIPTM Product ; ( B ) obtained Marketing Approval solely by means of an Abbreviated New Drug Application filing or a similar procedure for establishing equivalence to the REQUIPTM Product that does not require clinical testing ; and ( C ) is legally marketed in such country by an entity other than [COMPANY], its Affiliates or its Sublicensees ] . " 3 . Section 1.48 of the Agreement ( formerly Section 1.47 ) shall be deleted and restated in its entirety as follows : REQUIPTM Product " shall mean that certain pharmaceutical product Controlled by [COMPANY] or its Affiliates as of the Effective Date, which contains ropinirole HCL as an active ingredient and is known as of the Second Amendment Date as REQUIPTM XL.REQUIPTM ProductsApplicable Commercial Practices Policies, Detail, Promotional Materials, Sales Representative, Samples, Target Audience, " 5.3,, 5.3(c ), 5.3(e ), 5 . 3 ( e)(i - vii ), 5.4(a ), 5.4(b ), 5.4(c ), 5.4(g ), 5.4 G ), 5.5 . 5.6(c ), 5.7(a ), 5.9(a ), 5.9(b)(iii ), 5.9(d ), 5.9(e ), 5.9(f ), 9.1(b ), 15.2(i ), 17.1 and Exhibit 5 of the Agreement shall be replaced with the words in each such Section