definiens: ), licenses of rights to as defined under Section 101(35A ) of the BankruptcyCode . The Parties agree that [COMPANY], as a licensee of such rights under this Agreement, shall retain and mayfully exercise all of its rights and elections under the Bankruptcy Code . The Parties further agree that, in the event of the commencementof a bankruptcy proceeding by or against ACTII under the Bankruptcy Code that is not dismissed withinsixty ( 60 ) days after it is filed, [COMPANY] shall be entitled to a complete duplicate of ( or complete access to, asappropriate ) any such intellectual property and all embodiments of such intellectual property, includingwithout limitation all intellectual property necessary or useful to give [COMPANY] the capability ofmanufacturing Products, and the same, if not already in its possession, shall be promptly delivered toAmylin ( i ) upon any such commencement of a bankruptcy proceeding upon written request therefor byAmylin, unless ACTII elects to continue to perform all of its obligations under this Agreement, or ( ii ) if notdelivered under ( i ) above, upon the rejection of this Agreement by or on behalf of ACTII, upon writtenrequest therefor by [COMPANY]