definiens: shall mean, with respect to a Proposed Antigenor Collaboration Antigen ( irrespective of whether such Collaboration Antigen becomes a Discontinued Antigen or aFailed Antigen ), Patent Rights Controlled by ABX or its Affiliates that ( a ) contain a claim that covers, and only to theextent they contain a claim that covers, Antigen - Specific Technology, and ( b ) ( i ) are Controlled by ABX or its Affiliatesprior to the date of the applicable Antigen Notice under Section 2.2.1(a ), 2.2.1(j ) or 2.2.1(k ), as applicable, ( ii ) are firstControlled by ABX or its Affiliates after such date pursuant to the merger, acquisition ( whether of all of the outstandingstock or all or substantially all of the assets of a Person ) or similar transaction by or with another Person, ( iii ) are firstControlled by ABX or its Affiliates after such date pursuant to an ABX In - License listed on Exhibit K-2, ( iv ) are firstconceived or generated by or on behalf of ABX or its Affiliates under or in connection with any program conductedoutside this Agreement without violating the terms of this Agreement, ( v ) are first conceived or generated by or onbehalf of ABX in connection with any validation activities conducted by ABX with respect to such Proposed Antigenpursuant to Section 2.2.2(a ), or ( vi ) are first conceived or generated by or on behalf of ABX in connection with anywork performed by ABX under an internal program with respect to the Advanced ABX Antigen or an Accelerated ABXAntigen prior to each such Antigen being designated as a Collaboration Antigen ; provided, however, that ABX PriorAntigen - Specific Patent Rights shall not include any Antigen - Specific Technology that is first Controlled by ABX or itsAffiliates or first conceived or generated by or on behalf of ABX, as applicable, after such Antigen becomes a Non - Selected Antigen, a Discontinued Antigen or a Failed Antigen