definiens: shall mean:(a ) all Founding Company Patents Controlled by Regu lus or any of its Affiliates as of the Effective Da te and/or afterthe Effective Date and having an earliest priority date of no later than the Effective Date, including without limitation thoselisted on Exhibit B, ( b ) all Patent Rights, other than Founding Company Patents, Controlled by Regulus or any of its Affili ates as of theEffective Date and/or after the Effective Date and having an earliest priority date of no later than t he Effective Date, includingwithout limitation the Patent Rights listed on Exhi bit F, in each case, that are necessary to Development, Ma nufacture or Commercialize SPC-3649 in the Field : p rovided, however, that in each case of ( a ) through ( b ), ( y ) for any P atent Right that is the subject of an Additional Th ird Party Agreement, theprovisions of Section 5.6.2 will govern whether suc h Patent Right will be included as a Regulus Patent hereunder, and(z ) unless the Parties enter into a Tuschl 3 Sublic ense under Section 2.1 of this Agreement, Regulus Patents will exclude theTuschl 3 Patents