definiens: shall mean the targets ( i ) that are listed on Schedule 1.39 attached hereto,(ii ) that are subject to Third Party rights under any agreement entered into by [COMPANY] or itsAffiliate that is still in effect, ( iii ) that are identified in a term sheet or letter of interest from a ThirdParty that has been agreed to in writing by [COMPANY] or its Affiliate and not terminated as of therelevant time, or ( iv ) for which [COMPANY] has initiated any bona fide chemistry efforts at the labbench on behalf of itself, its Affiliates or Third Parties, in each case before [COMPANY] ’ receipt ofnotice from [COMPANY] requesting such target as a Reserved Target or if the respective target is nota Reserved Target before [COMPANY] ’ receipt of notice from [COMPANY] requesting such target as aCollaboration Target, as shown by competent proof