definiens: shall mean the date as of which Gen - Probe shall have receivedfrom BMX Inc. and BMX bv, as applicable, written notice certifying ( i ) that the First Commercial Sale of a Licensed Producthas occurred under the GeneXpert RNA License Agreement, ( ii ) that for a period of not less than 180 days since such date ofFirst Commercial Sale, BMX Inc. has continuously marketed and sold the GeneXpert Instrument and the Licensed Products foruse thereon and ( iii ) that during such 180 - day period, BMX bv has continuously marketed and sold the Easy Q Instrument andthe Licensed Products for use thereon . Effective as of the Royalty Period in which a GeneXpert Certification Date occurs ( i.e.,in which Gen - Probe receives all of the written certifications described in the immediately preceding sentence ), Sections 3.2(a ) and 3.2 ( f)(i ) of each of the Agreements shall be amended by deleting all references to and and replacing the same with references to and, respectively . The foregoing amendments shall be effective prospectively only . By way ofexample only, assuming that the GeneXpert Certification Date occurs during the third Calendar Quarter of a Calendar Yearand that the cumulative amount of Net Sales realized by BMX bv or its Affiliates under the Easy Q RNA License Agreementfor all sales of RNA Licensed Products, Combined***Confidential Treatment Requested Licensed Products and Hybrid Licensed Products ( but excluding Sequence Licensed Products ) through the second CalendarQuarter totaled [ ... * * * ... ] U.S. Dollars ( US $ [ ... * * * ... ] ), then the applicable royalty rate for RNA Licensed Products under theEasy Q Agreement would be ( i ) [ ... * * * ... ] percent ( [ ... * * * ... ] ) for running royalties payable during the first and second RoyaltyPeriods during such Calendar Year and ( ii ) [ ... * * * ... ] percent ( [ ... * * * ... ] ) for running royalties payable thereafter during suchCalendar Year . Similar adjustments shall be made to the running royalty rates payable for Combined Licensed Products andHybrid Licensed Products under Sections 3.2(b ) and 3.2(c ), respectively, of the Agreements . Gen - Probe and BMX bv, andGen - Probe and BMX Inc., shall enter into appropriate amendments to the Easy Q RNA License Agreement and the GeneXpertRNA License Agreement, respectively, setting forth the above modifications after the GeneXpert Certification Date