definiens: means ( a ) the Listed [COMPANY] Patents, ( b ) all other Patents ( including Xencor’sinterest in any Joint Collaboration Invention Patents meeting the requirements of the rest of this clause ( b ) ) Controlled byXencor or its Affiliate during the Term and claiming priority to a Patent in existence prior to the end of the Pre - SublicensingTerm that Cover Licensed Antibody and/or Licensed Product, and ( c ) all Post - Partnering Patents claiming priority to a Patentfirst filed during the Pre - Sublicensing Term, but excluding after a [COMPANY] Change of Control all Patents of the acquiror and / orthe acquiring corporate family existing prior to or on the date of such [COMPANY] Change of Control, claiming priority to such aPatent existing prior or on such date, or owned or controlled by such acquirer and/or the acquiring corporate familyindependently of [COMPANY] ( for clarity, in the case where [COMPANY] is merged into another entity, the references here to and mean to refer to and )