definiens: means a proposed Miragen Target ( i.e., Existing T arget [ * ] 4, New Target or replacement of an Existing or New Target ) for which ( i ) prior to the date of Miragen ’s nomination Santaris entered into an agreement with a Third Par ty that, at the time of Miragen ’s nomination, prevents Santaris from granting an exclusive licens e to develop and commercialize LNA Compounds Targeting such Target as provided in Section 3.2 ; or ( ii ) prior to the date of Miragen ’s nomination, Santaris has commenced a bona fide internal research and development program directed against such Target and the progra m is still ongoing at the time of Miragen ’s nomination ; or ( iii ) with respect to a Target other than [ * ], prior to the date of Miragen ’s nomination, ( A ) Santaris has either ( 1 ) entered int o an agreement with a Third Party that, when such agreement w as in force, prevented Santaris from granting an ex clusive license to develop and commercialize LNA Compounds Targeting such Target a s provided in Section 3.2, but, at the time of Miragen ’s nomination, such Third Party agre ement has been terminated or otherwise no longer prevents Santaris from granting such an excl usive license, or ( 2 ) commenced a bona fide internal research and development program directed against such Target, but, at the time of Miragen ’s nomination, the program has been suspende d or halted, ( B ) a Patent claiming LNA Compounds Targeting such Target was filed by Santar is or its Third Party licensee and, at the time of Miragen ’s nomination, ( 1 ) such Patent still includes at least one claim that claims one or more LNA Compounds Targeting such Target and ( 2 ) su ch Patent is still a pending patent application or is an issued and unexpired patent th at has not been dedicated to the public, disclaimed, abandoned or held unenforceable or inva lid by a court or other government authority of competent jurisdiction in an unappealed or unapp ealable decision, and ( C ) at least [ * ] have been completed [ * ] on such LNA Compounds by Santari s or its Third Party licensee