definiens: as defined under Section 101 of the U.S. Bankruptcy Code . The parties agree that AmyUn . as licensee of such rights under this Agreement . wilt retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code . The parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against [COMPANY] under the U.S. Bankruptcy Code, [COMPANY] will be entitled to a complete duplicate of ( or complete access to . as appropriate ) any such intellectual property and all embodiments of such intellectual property . and same . if not already in its possession, will be promptly delivered to Amylio ( i ) upon any such commencement of a bankruptcy proceeding upon its written request therefore, unless Curls elects to continue to perform all of its obligations under this Agreement, or ( ii ) if not delivered under ( i ) above . following the rejection of the Agreement by or on behalf ofCUris upon written request therefore by AJnylin