definiens: shall mean a Compound that has been reported by one Party to the other as not being available for research and development in the Research Program because [ ( x ) prior to the screening or optimization of the Compound ( as contemplated by Section 4.1 ( a)(m and ( iii ) ) to determine whether it could be an Active Compound or ( y ) with respect to Compounds disclosed in the [COMPANY] Initial Report, prior to the date of the [COMPANY] Initial Report, in either case ( i ) rights were granted by A ventis ( or any Affiliate of A ventis ) or [COMPANY] ( or any Affiliate of [COMPANY] ) to a Third Party that would be violated by such research or development or ( m the Compound was committed to another internal program ( non - CRF1 ) of A ventis ( or any Affiliate of A ventis ) or [COMPANY] ( or any Affiliate ofNeurogen)l . Such report may be made on a Compound by Compound basis or by a generic description applicable to a group or class of Compounds