definiens: means ( a ) the Patents set forth on Part A of Exhibit A and ( b ) any otherPatent that becomes Controlled by [COMPANY] or its Affiliates after the Effective Date ( including [COMPANY] Sole Patents butexcluding [COMPANY] ’s interest in any Joint Patents ) that : ( i ) is necessary for [COMPANY] and/or its Affiliates to have rights underin order to Develop, manufacture, use and/or Commercialize TZP-101 and/or Products in the Field ; and ( ii ) covers any ofTranzyme ’s proprietary technology : ( A ) that is generally applicable or can be applied to [COMPANY] ’s discovery ordevelopment program in addition to the development program relating to TZP-101 and Product, or ( B ) that is applicable orcan be applied to one or more compounds or products in addition to TZP-101 or Product, or ( C ) that covers the compositionof matter of, or the method of discovering, making or using, any compounds or products ( or any design, component, formulation or part thereof ) in addition to TZP-101 or Product