definiens: means all Know - How that [COMPANY] or its Affiliates Controls as of theExecution Date or during the Term ( subject to Section 2.6 ) that is necessary or reasonably useful for the Developmentor Commercialization of the Product in the Field in the Territory . Notwithstanding the foregoing, if any Third Partybecomes an Affiliate of [COMPANY] after the Execution Date through a Change of Control of [COMPANY] or itssuccessors, Licensed Know - How shall exclude any Know - How Controlled by such Third Party before such Third Partybecame [COMPANY] ’ Affiliate except to the extent ( a ) such Third Party had granted [COMPANY] or any of itsAffiliates rights to such Know - How prior to the date such Third Party became an Affiliate of [COMPANY] or ( b ) suchKnow - How was invented by the Third Party or its Affiliate with the use of the Licensed Know - How or LicensedPatents