definiens: means, with respect to a Target proposed for inclusion on the Reserved Target List pursuant to Section 4.2(b ), that Acuitas or its Affiliates have granted to a Third Party with respect to a Target for which [COMPANY] requests in the case of an exclusive reservation, a non -exclusive or exclusive license or option or in the case of a non -exclusive reservation, an exclusive license or option in each case pursuant to a bona fide written agreement that is executed in good faith in the ordinary course of business prior to the date of the Target Notice and that is still in effect on such date, to develop and commercialize a product that is comprised of Lipid Nanoparticles ( LNP ) containing a mRNA Construct encoding such Target or a Third Party has delivered a Target Notice with respect to su ch Target prior to the Target Notice by [COMPANY] and has subsequently elected to enter into a bona fide written agreement that is executed in good faith in the ordinary course of business