definiens: means, with respect to SELECTED PRODUCT, the first sale by COMPANY or itsSUBLICENSEE to a THIRD PARTY following receipt of MARKETING AUTHORIZATION in the country of sale;provided, however, that SELECTED PRODUCT shipped by COMPANY or its SUBLICENSEE to a THIRD PARTYprior to receipt of MARKETING AUTHORIZATION therefor in a particular country where such SELECTED CONFIDENTIAL Page 4 of 89 PRODUCT is intended for sale, shall be deemed for the purposes hereof a FIRST COMMERCIAL SALE to the extentsuch SELECTED PRODUCT is sold to a THIRD PARTY for sale in that country after such MARKETINGAUTHORIZATION is obtained . A transfer of SELECTED PRODUCT by COMPANY, its AFFILIATES or itsSUBLICENSEES solely for research and development purposes and for the purpose of directly enabling COMPANY, its AFFILIATES and its SUBLICENSEES to research and develop SELECTED PRODUCT under this AGREEMENTshall not be considered a FIRST COMMERCIAL SALE