definiens: as defined under Section 101 of the U.S. Bankruptcy Code . The Partiesagree that EOS, as the licensee of such rights under this Agreement, shall retain and may fully exercise all of itsrights and elections under the U.S. Bankruptcy Code . The Parties further agree that, in the event of thecommencement of a bankruptcy proceeding by or against [COMPANY] under the U.S. Bankruptcy Code, EOS shall beentitled to a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property and allembodiments of such intellectual property, which, if not already in EOS ’s possession, shall be promptly delivered to it(a ) upon any such commencement of a bankruptcy proceeding upon EOS ’s written request therefor, unlessAdvenchen elects to continue to perform all of its obligations under this Agreement or ( b ) if not delivered underclause ( a ), following the rejection of this Agreement by [COMPANY] upon written request therefor by EOS