definiens: shall mean all Information Controlled ( subject to Sections 2.9 and 4.6 ) byCompany or any of its Affiliates as of the Effective Date or thereafter during the Term ( as defined below ), in each caseto the extent related to, or necessary or useful for, the development, manufacture, use, sale and/or Commercializationof the Product . For clarity, the use of in this definition shall exclude any Third Party that becomes an Affiliateafter the Effective Date due to a Business Combination of Company, provided that ( a ) any Information Controlled byCompany or any of its Affiliates immediately prior to the Business Combination of Company shall continue to beControlled by Company and its Affiliates after such Business Combination ; and ( b ) any Information made, developed, conceived, or reduced to practice by, or otherwise owned by, such Third Party or any of its Affiliates ( includingCompany ), whether solely or jointly, in connection with the research, development, use, sale, offer for sale, manufacture, or other Commercialization of the Product, shall be deemed Controlled by Company and its Affiliates forpurposes of this Agreement