definiens: means all issued Patents that both ( X ) claim inventions invented by Xencorand / or its Affiliate(s ) and/or an Other Licensee ( meaning that any of the foregoing employs or has engaged as a consultant atleast one ( 1 ) person who would be a properly named inventor on such Patent ) claiming priority to a Patent first filed after thePre - Partnering Term, and ( Y ) contain only claims that recite the sequence or make reference to the sequence of the CDRs orvariable regions, or portions thereof ( whether or not also providing for homology to such sequences ), of XmAb5574 [ … * * * … ] and/or any and all indications * * * Confidential Treatment Requested 12 or applications thereof, but excluding after a [COMPANY] Change of Control all Patents of the acquiror and/or the acquiringcorporate family existing prior to or on the date of such [COMPANY] Change of Control, claiming priority to such a Patent existingprior or on such date, or owned or controlled by such acquirer and/or the acquiring corporate family independently of Xencor(for clarity, in the case where [COMPANY] is merged into another entity, the references here to and mean to refer to and )