definiens: means al ! Patents in the Cypress Territory ( a ) that are Controlled by [COMPANY] or its Affiliates as of the Effective Date or al 8ny time during the Tenn ( including [COMPANY] 's interest in any Join ! Patems ), and ( b ) directed to me Pre _ Commercialization, Commercialization or manufilClure of the Products in the Field in the Cypress Territoi ) ' . Notwithstanding the foregoing, BioLincRx Patents shaH DOt include Patents controlled by an acquiror or merger partnl- of [COMPANY] that : ( i ) such acquiror or merger partner of BioLincRx controlled prior to \be date of closing of such acquisition or merger : or ( ii ) were developed after the dale of closing of such acquisition or merger without using [COMPANY] Know_How, CYl're ~ s Know_How, Joint Know - How or in ~ entions claimed in [COMPANY] Patents, Cypress Patents or Joint Patents . and in the case of ( ii ) are not used in connC(;tion with Pre­Commercialization or Commercialization . The [COMPANY] Patents ex.isting as of the Effective Date are sel fonh on Exhlbll B attached hereto, listed under UA Patents and BioLinc : Rx Patents, as applicable