definiens: means any Patents Controlled by Impax or its Affiliates or Sublicensees duringthe Term to the extent claiming or covering any Impax Improvement ; provided that shallexclude any Patents Controlled by ( i ) any Affiliate of Impax that becomes an Affiliate after the Effective Date or ( ii ) anylicensee of Impax, in each case ( ( i ) and ( ii ) ) solely to the extent such Patents claim Impax Improvements that are conceived, discovered, reduced to practice or otherwise made ( a ) by or for such Affiliate or licensee, or by a Third Party and licensed tosuch Affiliate or licensee, ( b ) prior to ( x ) in the case of any such Affiliate, the date such Affiliate Controlling such Patentbecomes an Affiliate, and ( y ) in the case of any licensee, the effective date of any license granted by Impax to such licensee, and ( c ) without access to or use of any Confidential Information of [COMPANY] or any of its Affiliates