definiens: means any product, other than Product, which(i ) in the case of a marketed product, carries an indication approved by an applicable authority which indication is [ * ], and(ii ) in the case of a product in development, is being developed for any indication [ * ] . [COMPANY] shall notify [COMPANY] in writing, nolater than ten ( 10 ) Business Days after the consummation of such acquisition or merger, if the resulting or surviving entity hasa Comparable Product under development ( in [ * ] ) or in the market in the Territory, and shall furnish to [COMPANY] informationOtsuka reasonably requests in order to make an informed decision under this section . Notwithstanding the foregoing, Otsukashall not have the right to terminate this Agreement under this Section 12.6 if both ( i ) [COMPANY] affirmatively states in theaforesaid notice to [COMPANY] the resulting or surviving entity ’s intention to discontinue the development or marketing, as thecase may be, of the Comparable Product in the Territory and ( ii ) the resulting or surviving entity in fact, through out - licensing, sale or otherwise, discontinues development or marketing, as the case may be, of such Comparable Product in the Territorywithin [ * ] months after the date of consummation of the acquisition or merger in question . [COMPANY] ’ s rights hereunder to givenotice terminating this Agreement on account of a merger or acquisition affecting [COMPANY] shall lapse eight ( 8) months after thedate of consummation of said merger or acquisition or after [COMPANY] ’s receipt of the aforesaid notice and the requestedinformation from [COMPANY], whichever occurs later