definiens: means the First Stream Royalty Payments together with the Second Stream Royalty Payments ; means a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Pers on specified ; means this Royalty Interest Assignment Agreement, the recitals, all attached exhibits and schedules, and any agreement, exhibit or schedule supplementing or amending this Agreement . All uses of the words, and and similar expressions refer to this Agreement and not to any particular section or portion of it ; means, in respect of any Person, property, transaction or event, any statute, law, ordinance, rule, regulation, regulatory policy, order, judgment or decree applicable to that Person, property, transaction or event ; has the meaning specified in Section 2.1 ; has the meaning specified in the introduction to this Agreement ; has the meaning specified in the introduction to this Agreement ; has the meaning specified in Section 7.2(e ) ; means any day of the week other than a Saturday, Sunday or a day observed as a statutory or civic holiday in New York, New York ; means any document, instrument, undertaking or agreement made or delivered pursuant to or in connection w ith this Agreement ; means, in respect of a legal Person, direct or indirect legal or beneficial ownership of more than 50 % of the voting interests in or the equity or participation interests in, or the right to appoint more than 50 % of the direc tors or the management of, such Person ; means the date hereof ; means liens, charges, security interests, mortgages, options, privileges, pledges, trusts or deemed trusts ( whether contractual, statutory or otherwise ) and an y other encumbrance, right or claim of any other person of any kind whatsoever ; has the meaning specified in Section 2.1(a ) ; means any domestic or foreign government whether federal, state, provincial or municipal and any governmental agency, governmental authority, governmental tribunal or governmental commission of any kind whatever ; when used herein or in any Closing Document, means and shall not be const rued to limit any general statement which it follows to the specific or similar items or matters immediately following it ; means Licensed Know -How, as that term is defined in the License Agreement ; has the meaning specified in the recitals to this Agreement ; has the meaning specified in the recitals to this Agreement ; has the meaning specified in Section 7.2 ; has the meaning specified in Section 3.2(a ) ; has the meaning specified in Section 3.2(b ) ; has the meaning specified in Section 3.4 ; has the meaning specified in Section 10.6 ; means Epoch, Assignee and Nanogen, collectively, and means any one of them ; means the Licensed Patents and Related Patents, as those terms are defined in the License Agreement, including those Patents and patent applications set forth on Exhibit C attached hereto ; means ( i ) any license in intellectual property granted prior to, or granted after the date hereof in accordance with Section 8.5(b)(iii ), by Assignor, including patents and trademarks held by Assignor, that does not interfere with, or cause a diminution of valu e of, the Assigned Interests, and ( ii ) the Security Interest ; includes an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, association, trust, unincorporated organ ization, or any other legal entity ; means a Licensed Product, as that term is defined in the License Agreement ; has the meaning specified in section 3.1 ; means the license and supply agreement between Epoc h and the Licensee dated as of September 2, 2003 in respect of Epoch 's Eclipse ™ product as amended by Amendment No