definiens: as defined under Section 101(35A ) of the Bankruptcy Code . For the avoidance of doubt, each of the Parties intend that the licenses granted by it to the other Party under this Agreement are licenses of rights to as defined under Section 101(35A ) of the Bankruptcy Code . Each of the Pa rties agrees that the other Party, as a licensee of such licensor ’s rights under this Agreement, shall retain and may fully exercise all of such licensee ’s rights and elections under the Bankruptcy Code, and that upon rejection of this Agreement by the lic ensor in a case under the Bankruptcy Code, if the licensee elects to retain its rights, as provided in Section 365(n)(1)(B ) of the Bankruptcy Code, the licensor, as debtor in possession, or any trustee appointed in a case filed by or against the licensor u nder the Bankruptcy Code, shall provide to the licensee all intellectual property licensed to the licensee under this Agreement ( including any embodiments ) and held by the licensor or any trustee of the licensor, as provided in Section 365(n)(3)(A ) of the Bankruptcy Code