definiens: as defined under Section 101 ( 35A ) of the Bankruptcy Code and the Licensed Products are, and shall othelWise be deemed to be, of for purposes of same . N astech shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction . Without limiting the generality of the foregoing, [COMPANY] acknowledges that the Nastech Licenses shall not be affected by [COMPANY] 's or any of its Affiliates ' rejection of this Agreement in bankruptcy, and shall continue subject to the terms and conditions of this Agreement . Upon the bankruptcy of [COMPANY] or any of its Affiliates, Nastech ( or any such other grantee hereunder, as appropriate ) shall further be entitled to a complete duplicate of ( or complete access to, as appropriate ) any [COMPANY] Technology licensed under the Nastech Licenses, and such, ifnot already in its possession, shall be promptly delivered to Nastcch ( or any such other grantee hereunder, as appropriate ) unless [COMPANY] elects to continue, and continues, to perform all of its obligations under this Agreement