definiens: or means the possession of the right to grant a license or sublicense hereunder to intangible or in tellectual property rights ( including Patent Rights, Know - How, trade secrets, and rights to access or cross - reference regulatory filings ) without violating the terms of, or increas ing the amount of any payments required under, any agreement or other arrangement with any Third Party existing at the Effective Date or, in the case of intellectual property right s acquired after the Effective Date, any agreement or other arrangement under which such rig hts were acquired ( the Parties to use Reasonable Commercial Efforts to obtain that any ag reement or arrangement under which such rights are acquired after the Effective Date a llows the performance of the obligations and the exercise of the rights of the Parties under this Agreement without additional conditions, limitations, or obligations, provided t hat the foregoing shall not be deemed to require a Party to pay any additional amounts to ob tain such rights )