definiens: means all Motif and Mechanism Patents ( i ) Controlled byAlnylam as of the First Restatement Date or any time thereafter until the Second Restatement Date and(ii ) having an earliest priority date of no later than April 30, 2014, provided, however that ( a ) for any such Motifand Mechanism Patents that are acquired, licensed or invented after the First Restatement Date that includefinancial or other obligations to a Third Party, the provisions of Section 11.8 will govern whether such Patent willbe included as an [COMPANY] Motif and Mechanism Patent ; and ( b ) [COMPANY] Motif and Mechanism Patents do notinclude Patents that constitute [COMPANY] Excluded Technology . Without limitation the Patents listed on Schedule1 - 9 attached hereto are [COMPANY] Current Motif and Mechanism Patents, except to the extent such Patents claimAlnylam Excluded Technology