definiens: shall mean any ( a ) patents and patent applications that are ownedor controlled by ATHX or any of its Affiliates as of the Effective Date and are pending or issued in the Territory,(b ) pre - grant forms claiming priority to of any of the foregoing, including provisionals, converted provisionals, divisionals, continuations ( in whole or in part ), ( c ) all patents issuing from any of the foregoing, and ( d ) all post - grantforms of any of the foregoing, including extensions, in each case ( a ) – ( d ), * Confidential treatment has been requested for the redacted portions of this exhibit, and such confidential portionshave been omitted and filed separately with the Securities and Exchange Commission . CONFIDENTIAL that, if issued, would be infringed, but for the license granted under Section 2.3, by use in the Organ Bud Field . ATHXMAPC Background Patents owned or controlled by ATHX as of the Effective Date include the patents listed inSchedule 1