definiens: will mean, with respect to a particular country, ( i ) any claim of an issued and unexpired Acqu ired Patent in such country that ( a ) has not been held permanently revoked, unenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction, which decision is unappealable or unappealed within the time allowed for appeal and ( b ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise in such country, or ( ii ) a claim of a pending application within the Acquired Patents, which claim has not been irretri evably cancelled, withdrawn or abandoned or finally disallowed without the possibility of appeal or re -filing of the application, or been pending, any of which for more than five ( 5 ) years from the original filing date of that claim ( regardless of any late r amendments to the claim ) . If a claim of an application within the Acquired Patents that ceases to be a Valid Claim under clause ( ii ) due to the passage of time later issues as part of an Acquired Patent described in clause ( i ), then ( w ) such claim will a gain be considered to be a Valid Claim effective as of the issuance of such Acquired Patent, ( y ) Buyer or Buyer Licensee will be notified of such issuance, and ( z ) any royalty payments under this Agreement payable as a result of such later -issued claim wil l be payable only after the effective date of such issuance, and will not be obligated for any royalty payments retroactive to the date such claim ceased to be a Valid Claim under clause ( ii ) due to the passage of time