definiens: shall mean production by [COMPANY] via enzymatic catalysis ( using an Enzyme Product or a Biocatalyst ) or fermentation of : ( a ) any Enzyme Product or Biocatalyst for sale to a Third Party ( other than an Affiliate of Codexi s ) for manufacture of Catalysis Products, or ( b ) any Catalysis Product or Fermentation Product for sale to a Third Party ( other than an Affiliate of [COMPANY] ) for further processing or formulation, or ( c ) any Catalysis Product or Fermentation Product which will be formulated by [COMPANY] for sale to a Third Party, which Product contains one or more Functional Compounds approved by a Regulatory Authority for human or veterinary pharmaceutical use, where su ch Functional Compound(s ) ( i ) is ( are ) no longer covered by issued patents in the country where such production will occur, or ( ii ) is ( are ) covered by issued patents owned or Controlled by a Third Party ( other than an Affiliate of [COMPANY] ) that has contra cted to have [COMPANY] formulate such Product on behalf of such Third Party