definiens: means the earlier of ( 1 ) t he date of the First Non - CLL GA101 FDA Approval if on that date the cumulative Gross Sales ( calculated only wi th respect to GA101 in the United States ) within the c onsecutive 12 month period immediately preceding th e First Non - CLL GA101 FDA Approval reached at least $ 150,00 0,000 and ( 2 ) if cumulative Gross Sales ( calculated only with respect to GA101 in the United States ) ha d not within the consecutive 12 month period immedi ately preceding the First Non - CLL GA101 FDA Approval reac he d $ 150,000,000 then the first day of the first ca lendar quarter following the first date following the Firs t Non - CLL GA101 FDA Approval that the cumulative Gr oss Sales ( calculated only with respect to GA101 in the United States ) within any consecutive 12 month per iod reaches $ 150,000,000 ), it being understood that if the First GA101 Threshold Date is the same date as the First Non - CLL GA101 FDA Approval, then this subsection ( x ) is effectively passed - over and subsection ( y ) immediately applies ; and ( y ) 37.5 % and 62.5 %, respectively, of the Operating Profits ( calculated with respect to all Franchise Products ) in excess of the first $ 50 million in Operating Profit s ( calculated with respect to all Franchise Product s ) following the First GA101 Threshold Date and until the Second GA101 Threshold Date ( as used herein the means first day of the first calendar quarter following the first date the cumul ative Gross Sales ( calculated only with respect to GA101 in the United States ) within any consecutive 12 mon th period reaches $ 500,000,000 ) ; and ( z ) 35 % and 65 %, respectively, of the Operating Pro fits ( calculated with respect to all Franchise Prod ucts ) following the Second GA101 Threshold Date ; ( iii ) If the GA101 CLL Sales Trigger has occurred p rior to the First Non - CLL GA101 FDA Approval, then 35 % and 65 %, respectively, of the Operating Profits ( ca lculated with respect to all Franchise Products ) in excess of the first $ 50 million in Operating Profits ( calcula ted with respect to all Franchise Products ) ; and ( iv ) 35 % and 65 %, respectively, of any Operating Lo sses, calculated with respect to all Franchise Prod ucts