definiens: shall mean Xenotech Group, on the other of such party . f i ~npharm, on the one hand, and the I ! indo I ! i 1.16 sha ~ mean all claims, other than I Excluded Claims, in ( a ) patent I applications filed in any country,, • of the world and patents issuE~ or issuing thereon, owned by, or : licensed to a Licensor with a * ight to sublicense, pursuant to a i Third - Party License Agreement, ithatJ(i ) have a first effective filing date prior to the eXPir ~ tion of the Patent Rights Term ; [ ( ii ) are entitled to priority ~r benefit from a patent application with a first effec ~ ive filing date prior to the expiration of the Patent Rightn Term, regardless of whether such priority or benefit is claimed ! or ( iii ) have or are entitled to i a date of conception prior to he expiration of the Patent Rights ! Term, regardless of whether sup a date of conception is claimed ; / ( b ) all continuations, continu addition, divisionals, reexami extensions, including suppleme ~ions - in - part, patents of ~tion certificates, reissues or I tal protection certificates, of I ~ 7 - F:\A\22960\0001\GENP\LIC·CR9.SCF : l CONFIDENTIAL [ REATMENT REQUESTED any of { al above ; and ( c ) all foreign counterparts applied for, issued or is ~ uing on any of ( ) or ( b ) above . ( patent Rights --\ ------ _ _ _ _ -:- _ _ -:-.---+ + - ' _ _ _ _ _ _ _ - ) I - -- ~ shall not include similar rig ts of a third party that acquires all or substantially all of t e capital stock or assets of, or, that is acquired by, Licensor which have been or, \_independentl~ of the rights 0 It the Licensor . r I are developed ) ------ ---.-~ _ 1.17 " Patent Rights 8 ' \ shall ---'the earlier of ( i ) the on \ first, l.niversary of the Effective Date or -mean the)period ending ( ii ) the closing of the sale c all or substantially all of the, capital stock or assets of Gentharm, but in no event less than I six months after the Effective JDate . J l 1.18 shHll mean ~ patent that contains an -------- ----------------1 + ----allowed claim covering a Licen ' ed Product included within \ [COMPANY] 's Patent Rights . I ; i 1.19 " Third - Party Li~ .. no .. ~greementl ' shall mean an agreement ! between a Licensor and a non - A ~iliate third party that conveys i to the Licensor an interest l Transgenic produc~. in tny Patent Rights covering a I ; 1 . 20 hall mean any product constituting ( i ) a Transgenic R dent, i ( 11 ) Genetic Material from i a Transgenic Rodent ; and ( iii ) ~n Antibody Secreting Cell