definiens: as defined in theBankruptcy Code . Upon the occurrence of any Insolvency Event with respect to BioCryst, BioCryst agrees that [COMPANY], as licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and electionsunder the Bankruptcy Code . Further, each Party agrees and acknowledges that all payments by [COMPANY] to BioCrysthereunder, other than royalty payments pursuant to Section 9.3, and the regulatory milestones pursuant to Section9.2, do not constitute royalties within the meaning of Section 365(n ) of the Bankruptcy Code or relate to licenses ofintellectual property hereunder . BioCryst shall, during the term of this Agreement, create and maintain current copiesor, if not amenable to copying, detailed descriptions or other appropriate embodiments, to the extent feasible, of allsuch intellectual property . BioCryst and [COMPANY] acknowledge and agree that of intellectual property withinthe meaning of Section 365(n ) include, without limitation, laboratory notebooks, product samples and inventory, research studies and data, regulatory approvals and manufacturing know - how . If ( i ) a case under the Bankruptcy Codeis commenced by or against BioCryst, ( ii ) this Agreement is rejected as provided in the Bankruptcy Code, and ( iii)CSL elects to retain its rights hereunder as provided in Section 365(n ) of the Bankruptcy Code, BioCryst ( in anycapacity, including debtor - in - possession ) and its successors and assigns ( including a trustee ) shall:-48 - Pursuant to 17 CFR 20.24b-2, confidential information has been omitted in places marked and has beenfiled separately with the Securities and Exchange Commission pursuant to a Confidential TreatmentApplication with the Commission