definiens: shall mean a company that ( a ) is engaged, as a primary business, in thedevelopment and/or commercialization of biologic and/or pharmaceutical products and ( b ) satisfies at least one of thefollowing criteria during the relevant period described below ending prior to the effective date of the proposed assignment ofthis Agreement under Section 10.4 or termination of this Agreement in the case of a surviving Sublicensee for the purposesof Section 9.6.5, as applicable : ( i ) has cash on hand equal to or exceeding $ 25,000,000, as reflected in such company’sfinancial statements as of the most recently completed calendar month ; ( ii ) has a market capitalization, as reported by astock exchange in the United States, Europe, People ’s Republic of China, Hong Kong or Japan, or by the NASDAQ equal toor exceeding $ 100,000,000 for a period of at least the most recent three ( 3 ) consecutive months ; or ( iii ) whose revenuesfrom the sales of its products on a consolidated basis for the most recently completed twelve calendar months was in excessof $ 50,000,000