definiens: as defined under Section 101 of the U.S. Bankruptcy Code . The parties agree that the parties as licensees of such rights under this Agreement, shall retain and may fully exercise all of their rights and elections under the U.S. B ankruptcy Code . The parties further agree that, in the event of the commencement of a bankruptcy proceeding by o r against [COMPANY] under the U.S. Bankruptcy Code, then ZKC shall be entitled to a complete duplicate of ( or c omplete access to, as appropriate ) any such intellectual pr operty and all embodiments of such intellectual pro perty, and the same, if not already in ZKC ’s possession, shall be promptly delivered to ZKC upon any such commencemen t of a bankruptcy proceeding upon its written request ther efor . The foregoing sentence shall apply mutatis mutandis to allow [COMPANY] to receive duplicates, access and the like in the same manner, if [COMPANY] undergoes a bankruptcy event as outlined in the foregoing sentence