definiens: as defined under Section 101(35A ) of th e Bankruptcy Code . The Parties agree that [COMPANY], as a licensee of such rights under this Settlement Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code, and that upon commenceme nt of a bankruptcy proceeding by or against Plaintiffs unde r the Bankruptcy Code, [COMPANY] shall be entitled to a c omplete duplicate of, or complete access to ( as [COMPANY] deems a ppropriate ), any such intellectual property and all embodiments of such intellectual property . Such intellectual pr operty and all embodiments thereof shall be promptl y delivered to [COMPANY] ( i ) upon any such commencement of a bankrupt cy proceeding upon written request therefor by [COMPANY], unless Plaintiffs elect to continue to perform all of its obligations under this Settlement Agreement by or o n behalf of Plaintiffs upon written request therefor by [COMPANY] or ( ii ) if not delivered under ( i ) above, upon the rej ection of this Settlement Agreement by or on behalf of Plaintiffs upon written request therefor by [COMPANY] . The foregoing provisions are without prejudice to any rights [COMPANY] may have ar ising under the Bankruptcy Code or other applicable law