definiens: means all issued Patents that both ( X ) claim inve ntions invented by [COMPANY] and/or its Affiliate(s ) and/or a n Other Licensee ( meaning that any of the foregoing employs or has engaged as a consultant at least one ( 1 ) per son who would be a properly named inventor on such Patent ) claiming priority to a Patent first filed after the Pre - Partnering Term, and ( Y ) contain only claims t hat recite the sequence or make reference to the sequence of the C DRs or variable regions, or portions thereof ( wheth er or not also providing for homology to such sequences ), of XmAb5574 [ … * * * … ] and/or any and all indications or applications thereof, but excluding after a [COMPANY] Change of Control all Patents of the acquiror and / o r the acquiring corporate family existing prior to or on the date of such [COMPANY] Change of Control, claiming priority to such a Patent existing prior or on such date, or ow ned or controlled by such acquirer and/or the acqui ring corporate family independently of [COMPANY] ( for clari ty, in the case where [COMPANY] is merged into another entity, the references here to and mean to refer to and ) . For the avoi dance of doubt, all Patents that qualified as Licen sed Patents prior to the date of such [COMPANY] Change of Control shall remain part of Licensed Patents during the Te rm