definiens: means any Targeted AIM that comes into the Contro l of ( or is otherwise Controlled by ) a Party or any of its Affiliates after the Effe ctive Date and during the Exclusivity Period as a r esult of : ( a ) the in - license or acquisition of rights to such Targete d AIM from a Third Party by such Party or any of it s Affiliates after the Effective Date and during the Exclusivity Period, including any [COMPANY] Excluded AIM ; or ( b ) any Person that owns or otherwise has rights to such Ta rgeted AIM becoming an Affiliate of such Party afte r the Effective Date and during the Exclusivity Period fo r any reason, including pursuant to a Change of Con trol, including any [COMPANY] Excluded AIM, but excluding ( i ) any Exempt AIM, and ( ii ) any Divested AIM