definiens: means all Patents that are Controlled by [COMPANY] on or prior to the [ * * * ] anniversary of the Second Restatement Date that ( a ) claim ( x ) an oligomeric compound that hybridizes to andmodulates an Isis Exclusive Target or ( y ) a method of using such oligomeric compound in the Field ; or ( b ) areChemistry Patents or Motif and Mechanism Patents other than those described in clause ( a ) above ; provided, however that ( A ) for any such Patents that are acquired, licensed or invented after the First Restatement Datethat include financial or other obligations to a Third Party, the provisions of Section 11.8 will govern whethersuch Patent will be included as an [COMPANY] Exclusive Target Patent ; and ( B ) [COMPANY] Exclusive Target Patentsdo not include ( I ) Patents that constitute [COMPANY] Exclusive Target Excluded Technology, or ( II ) PatentsControlled by [COMPANY] that specifically claim an oligomeric compound that hybridizes to and modulates anAlnylam Exclusive Target ( or method of using such oligomeric compound in the Field ) . [COMPANY] ExclusiveTarget Patents include, without limitation, the Patents listed on Schedule 1 - 14 attached hereto