definiens: ( as defined in Section 101(35A ) of title11 of the United States Code and of any similar provisions of applicable Laws under any other jurisdiction ( the ) ) . Bluebird agrees that [COMPANY], as a licensee of rights and licenses under this License Agreement, will retain and mayfully exercise all of its rights and elections under the Bankruptcy Code . The Parties further agree that, in the event of thecommencement of a bankruptcy proceeding by or against Bluebird under the Bankruptcy Code or analogous provisions ofapplicable Law outside the United States, [COMPANY] will be entitled to a complete duplicate of ( or complete access to, asappropriate ) any intellectual property licensed to [COMPANY] and all embodiments of such intellectual property, which, if notalready in [COMPANY] ’s possession, will be promptly delivered to it ( i ) upon any such commencement of a bankruptcyproceeding upon [COMPANY] ’s written request therefor, unless Bluebird elects to continue to perform all of its obligations underthis License Agreement or ( ii ) if not delivered under clause ( i ), following the rejection of this License Agreement by Bluebirdin the bankruptcy proceeding upon written request therefor by [COMPANY]