definiens: shall mean ( A ) all patents and patent applications ( excluding Joint Patents ) that areControlled by Spectrum as of the effective date of termination and that disclose or claim any invention made in theperformance of the Development or Commercialization activities under this Agreement that is necessary for the manufacture, use or sale of, and relates to, any Termination Product, ( B ) all divisions, continuations, continuations - in - part ( to the extentdirected to the subject matter disclosed in a patent or patent application described in ( A ) ) and requests for continuedexamination of any of the foregoing, ( C ) all patents claiming priority to any of the foregoing, ( D ) all reissues, registrations, re - examinations, extensions and supplementary protection certificates of any of the foregoing, in each case, in the Territory, and(2 ) shall mean all Information ( excluding any Spectrum Patents or Joint Inventions ) that isControlled as of the effective date of termination by Spectrum as a result of the performance of the Development orCommercialization activities under this Agreement and relates to a Termination Product ; provided that both terms shallexclude any intellectual property held or developed by a permitted successor of Spectrum prior to the transaction in which itbecame a successor of such Party . The foregoing shall not limit or waive [COMPANY] ’s non - disclosure obligations underArticle 11