definiens: means any event, occurrence, development, change or effect that ( i ) is, individually or in the aggregate with all other events, occurrences, developments, changes and effects, materially adverse tothe business, properties, assets ( tangible or intangible ), liabilities, condition ( financial or otherwise ) or results of operations ofBioSante and its subsidiaries, taken as a whole, other than any event, occurrence, development, change or effect described inclause ( i ) resulting primarily from any of the following : ( A ) changes in the United States economy or financial markets as awhole, so long as such conditions do not adversely affect BioSante or its subsidiaries in a materially disproportionate mannerrelative to other similarly situated participants in the industries, geographies or markets in which they operate, ( B ) generalchanges in the industries in which BioSante and its subsidiaries operate, so long as such conditions do not adversely affectBioSante or its subsidiaries in a materially disproportionate manner relative to other participants in the industries in whichBioSante and its subsidiaries operate, ( C ) any change in any applicable Law, rule or regulation or GAAP or interpretationthereof after the date of this Agreement, ( D ) the commencement, occurrence, continuation or escalation of any war, armedhostilities or acts of terrorism involving or affecting the United States of America or any part thereof, and ( E ) any claim orlitigation arising from allegations of breach of fiduciary duty relating to this Agreement or the Merger, or of disclosureviolations in securities filings made in connection with this Agreement or the Merger ; or ( ii ) would reasonably be expected toprevent or materially delay the consummation of the Merger or prevent or materially delay BioSante from performing itsobligations under this Agreement