definiens: means all agreements pertaining in whole or material part to the Business ( whether now existing or hereafter entered into ) wherein 0 ) Grantor grants any right in or to [COMPANY] Patents and ( ii ) the counterparty to such agreement recognizes or in the future may recognize revenues from or compensation with respect to the sale of Products in connection with such agreement, including each agreement identified in Schedule 4.3(D ) ( as such schedule may be amended or supplemented from time to time ), but excluding in each case any agreement that constitutes, or the entering into of which triggers, a Transfer Trigger Event if(and only if ) [COMPANY] complies with Sections 13.16 and 13.17 of the Settlement and Termination Agreement in connection with such Transfer Trigger Event means ( i ) patents and patent applications ( including, without limitation, provisional applications and applications for certificates of invention ) ; ( ii ) any patents issuing from such patent applications ( including, without limitation, certificates of invention ) ; ( iii ) all patents and patent applications that are foreign counterparts of, or that claim priority to, any ofthe foregoing ; ( iv ) any reissues, substitutions, confirmations, validations, re - examination certificates, additions, continuations, continued prosecution applications, continuations - in - part, or divisions of or to any of the foregoing ; and ( v ) term extensions, supplementary protection certificates and other governmental action which provide exclusive rights with respect to any of the foregoing in ( i)-(iv ) to a product beyond the original patent expiration date