definiens: means, to the extent in the possession ofSeller or any of its Affiliates, as set forth by FDA in 21 C.F.R. § 202.1(k)(1 ) and as setforth by FDA in 21 C.F.R. § 202(k)(2 ) and equivalent items as described in the corresponding provisions of the CanadaAct or regulations promulgated thereunder by Health Canada, promotional and media materials, Samples, medicalresponse information, if any ), existing wholesaler lists, other marketing data and materials, trade show materials ® (including displays ) and videos, including materials containing clinical data, if any, in each case, ( a ) to the extent usedexclusively for the marketing, promotion, distribution and sale of the Product in the Territory as of the Closing Dateand ( b ) excluding ( i ) all other intellectual property and intellectual property rights of Seller, its Affiliates, or theirrespective licensors depicted or contained therein and ( ii ) the Excluded Items, in each case, in the form currentlymaintained by Seller ( e.g., electronic ), and which are listed in Schedule 1.1.92