definiens: as defined under Section 101 * * * Confidential Treatment Requestedof the Bankruptcy Code or its foreign equivalent . The Parties agree that the Parties as licensees of such rights under thisAgreement shall retain and may fully exercise all of their rights and elections under the Bankruptcy Code or its foreignequivalent . The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or againsteither Party under the Bankruptcy Code or its foreign equivalent, the other Party shall be entitled to a complete duplicateof ( or complete access to, as appropriate ) any such intellectual property and all embodiments of such intellectualproperty, and the same, if not already in the other Party ’s possession, shall be promptly delivered to other Party ( i ) uponany such commencement of a bankruptcy proceeding upon its written request therefore, unless the Party subject to suchproceeding elects to continue to perform all of their obligations under this Agreement or ( ii ) if not delivered under(i ) above, upon the rejection of this Agreement by or on behalf of the Party subject to such proceeding upon writtenrequest therefore by the other Party