definiens: shall mean the rights and interests in and to the patent or patent application ownedby or licensed to Company or any of its Subsidiaries as of immediately prior to the Effective Time which claims the composition of matter, useor method of manufacture of any Lixivaptan Product, or any Counterpart thereof, regardless of whether such patent or patent application, as ofthe relevant time, is owned by or licensed to Buyer, any of its Affiliates ( including the Surviving Corporation ) or any Selling Person or Affiliateof a Selling Person . For purposes of this definition, shall mean ( A ) all divisionals, continuations, continuations - in - part of anypatent application ; ( B ) any patents ( including certificates of correction ) issuing from a patent application ; ( C ) any substitutions, extensions(including supplemental protection certificates ), registrations, confirmations, reissues, re - examinations and renewals of any of the patents andpatent applications described in clause ( A ) or ( B ) ; and ( D ) foreign counterparts of any of the foregoing