definiens: as defined under Section 101(35A ) of the U.S. Bankruptcy Code . The Partiesagree that each Party, as a licensee of such rights under this Agreement, shall retain and may fully exercise allof its rights and elections under the U.S. Bankruptcy Code, or any other provisions of Applicable Law outsidethe United States that provide similar protection for intellectual property rights, subject to performance by thelicensee of its preexisting obligations under this Agreement . The Parties further agree that, in the event that anyproceeding shall be instituted by or against licensor under the U.S. Bankruptcy Code seeking to adjudicate itbankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its20debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking anentry of an order for relief or the appointment of a receiver, trustee or other similar official for it or anysubstantial part of its property or it shall take any action to authorize any of the foregoing actions ( each a ), the licensee shall have the right to retain and enforce its rights under this Agreement, includingbut not limited to the following rights : i