definiens: means the following Liabilities ( excludingthe Assumed Liabilities ) of Depomed:(a ) all Liabilities arising out of or relating to any Retained Post - Marketing Commitments;(b ) all Liabilities arising out of or relating to any ANDA Litigation;(c ) all Liabilities arising out of or relating to Legal Proceedingscommenced prior to the Closing, irrespective of the legal theory asserted, arising fromthe development, Commercialization, Manufacture or use of the Products or the use ofthe Transferred Assets, in each case, ( i ) other than by Collegium or its Affiliatespursuant to this Agreement and ( ii ) solely to the extent relating to the period of timeprior to the Closing;(d ) all Liabilities arising out of or relating to products liability claimsto the extent relating to the Products Commercialized prior to the Closing, includingclaims alleging defects in the Products and claims involving the death of or injury toany individual relating to the Products;(e ) all Liabilities to Third Party customers, Third Party suppliers orother Third Parties relating to the Products and delivered in the ordinary course ofbusiness prior to the Closing;(f ) all other Liabilities arising out of or relating to the Products or theTransferred Assets, to the extent relating to the period of time prior to the Closing;(g ) all Taxes apportioned to [COMPANY] pursuant to Section 2.9 ; and1818 Certain information in this document has been omitted and filed separately with theSecurities and Exchange Commission . Confidential treatment has been requestedwith respect to the omitted portions marked [ * * * ]