definiens: - shall mean, with respect to any party hereto, any company, corporation, otherentity or person ( hereinafter, collectively, ), which directly or indirectly, iscontrolled by, or controls, or is under common control with, such party . For thepurposes of this definition, shall mean the ability, directly or indirectly, todirect the activities of the relevant entity ( save for an ability flowing solely from thefulfilment of the office of director or another office ) and shall include, withoutlimitation, the holding, directly or indirectly, of more than 50 % ( fifty percent ) of theissued share capital or of the voting * * * * CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION . CONFIDENTIALTREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.CONFIDENTIAL TREATMENT REQUESTED - 3 - power of the relevant entity or the holding, directly or indirectly, of a right to appointmore than 50 % ( fifty percent ) of the directors of such entity or of a right to appointthe chief executive officer of such entity;1.2.2 - shall mean a product which comprises ( a ) a Product or part thereof ; and ( b ) atleast one other active ingredient, material or a medical device, which, ifadministered independently of the Product, would have a clinical effect1.2.3 - shall mean, with respect to any amount to be calculated, or which is paid orreceived in a currency other than US Dollars, the average of the selling and buyingexchange rates of such currency ( in respect of cheques and remittances ) and theUS Dollar prevailing at * * * * at the end of business on the date of calculation, payment or receipt, as the case may be;1.2.4 - shall mean, with respect to any Licensed Product in any country, the firstcommercial sale of such Licensed Product in such country after U.S. Food andDrug Administration ( ) New Drug Approval, European Medicines Agency ( ) or national medicinal agency marketing approval or equivalent approval orany other necessary regulatory approval in such country has been obtained forsuch Licensed Product;1.2.5 - shall mean : ( i ) the Existing Patent Applications and all patents which may begranted thereon ; and ( ii ) patent applications corresponding to the Existing PatentApplications and all patents or certificates of invention which may be grantedthereon ; as well as all continuations, continuations - in - part, patents of addition, divisions, renewals, reissues and extensions ( including any patent term extension)of any of the aforegoing patents, but excluding : ( a ) patents that have beeninvalidated or cancelled pursuant to the final ( i.e. unappealed or unappealable)judgment of a competent court ; and ( b ) patent applications that have beenwithdrawn or have expired, in each case such exclusion to be effective only fromthe date of such invalidation, cancellation, withdrawal or expiry, as the case may * * * * CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION . CONFIDENTIALTREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.CONFIDENTIAL TREATMENT REQUESTED - 4 - be