definiens: means any event that materiallydelays, impairs or otherwise materially adversely affects the Acquiror ’s ability to obtain sufficient quantities of Gestiva forsale, including any disruptions, shortages or delays in the manufacture, processing, testing, labeling, packaging, shipmentand / or receipt of Gestiva for commercial sale . The Acquiror will take commercially reasonable efforts to mitigate the effects ofany Supply Disruption, and will keep the Seller reasonably informed of such matters . For purposes of this Agreement, the will be deemed to have occurred once both of the following have occurred ( i ) the TTPP ( assuch term is defined in that certain Commercial Supply Agreement between Baxter Pharmaceutical Solutions LLC andHologic, Inc. dated April 6, 2009, ( the ) ) has established a last required Production ( as defined inthe Baxter Supply Agreement ) date of no earlier than September 30, 2011, and ( ii ) an engineering batch has been completedusing the filling equipment intended for commercial introduction and the Seller and the Acquiror mutually agree to proceedwith the manufacture of registration stability batches at the New Third Party Manufacturer ( as defined in the Baxter SupplyAgreement ) . Once both of the Inventory Delivery Milestones have been satisfied and evidence thereof has been presented bySeller to the Acquiror, at the request of the Seller, the Acquiror will promptly acknowledge in writing in a notice delivered tothe Seller pursuant to Section 13.1 of the Agreement that both Inventory Delivery Milestones have been met and that from andafter the date of such acknowledgment no Supply Disruption will occur under any circumstances and the provisions ofSection 4.2(b)(B ) will have no further force or effect, provided that nothing herein will obviate any extensions of the due datesof payments pursuant to Section 4.2(b)(A ) due to any Supply Disruption occurring prior to the Inventory Delivery Milestonesbeing satisfied