definiens: ) ; WHEREAS, [COMPANY] submitted the [COMPANY] ANDA ( ( defined below ) to the FDA under the Act with a paragraph IVcertification seeking approval to engage in the commercial manufacture, use, and sale of product asserted to bebioequivalent to [COMPANY] Product ; WHEREAS, [COMPANY] and [COMPANY] are parties to the Pending Litigation ( defined below ) related to the [COMPANY] ANDA ; WHEREAS, [COMPANY] and [COMPANY] are parties to a certain Settlement Agreement of even date herewith ( the ), pursuant to which [COMPANY] and [COMPANY] are settling the Pending Litigation ; WHEREAS, in consideration of and in conjunction with the Settlement Agreement, [COMPANY] has agreed to grant andBarr has agreed to accept a license under [COMPANY] ’s Adderall XR Intellectual Property ( as defined below ) to sell BarrProduct ( as defined below ) and AG Product ( as defined below ) ; and WHEREAS, this Agreement shall be of no force or effect until such date as the Dismissal Order and the ConsentJudgment defined in the Settlement Agreement are submitted to their respective courts as provided for in theSettlement Agreement and the Dismissal Order and the Consent Judgment are thereafter entered by their respectivecourts