definiens: means compounds that ( 1 ) were or are identified, synthesized, discovered, designed or acquired by or on behalf of ( A ) [COMPANY] or its Affiliates either prior to the date hereof or during the Tenn, ( B ) EVP or its Affiliates during the tenn of the Research and Development Program, or ( C ) a Non - ND Partner or its Affiliates either prior to the date hereof or during the Term, but only if during the term of a Non - ND Research Program, ( 2 ) either ( a ) are HDAC Inhibitors or ( b ) are developed pursuant to the Collaboration ( subject to the last sentence of this defined term ) ; ( 3 ) possess certain basic drug characteristics and range of chemotypes with pan and sub - type selective HDAC inhibition characteristics, as mutually agreed to by the Parties from time to time, and ( 4 ) are used or useful in the Field . With respect to each Compound, such Compound shall include all salts, esters, hydrates, solvates, polymorphs, free base, isomers, prodrugs, metabolites, conjugated fonns and/or liposomal or other formulations thereof, and other compositions consisting of such Compound non - covalently bounded with other moieties . Any compounds that otherwise meet the aforementioned criteria shall be considered until the JSC detennines otherwise as a result of a Research and Development Program . The foregoing notwithstanding, the term 4 836116 v2lSD excludes EVP HDAC Inhibitors . For clarity, no Third Party shall have access to Compounds developed pursuant to the Collaboration if such Compounds are not also HDAC Inhibitors