definiens: means any purported assignment or transfer, directly or indirectly, of this Agreement or any purported sublicense, assignment o r transfer, directly or indirectly, of the licenses granted in Section 2.1 ( other than any sublicense of the license granted in Section 2.1(c ) ), whether by way of merger, license 1 Exhibit 10.4 or sale of assets to which this Agreement relates, or otherwise . Without limitation, and for avoidance of doubt : for this purpose, a reverse triangular merger ( or other merger ) by which record or beneficial ownership of Licensee is acquired shall be deemed to constitute an Assignmen t, an issuance of securities pursuant to which any Person, other than Persons who as of the Effective Date Con trol Licensee, comes to Control Licensee shall be d eemed to constitute an Assignment, and any transfer of outst anding securities or of rights in outstanding secur ities pursuant to which any Person, other than Persons who as of t he Effective Date Control Licensee, comes to Contro l Licensee shall be deemed to constitute an Assignment