definiens: as defined under Section 101(56 ) of the Bankruptcy Code . The parties agree that a party, as a licensee of such rights and licenses, shall retain and may fully exercise all of its rig hts and elections under the Bankruptcy Code . The parties further agre e that, in the event than any proceeding shall be i nstituted by or against a party as seeking to adjudicate it as b ankrupt or insolvent, or seeking liquidation, windi ng up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under an y law relating to bankruptcy, insolvency or reorganization or reli ef of debtors, or seeking an entry of an order for relief or the appointment of a receiver, trustee or other similar official for it or any substantial part of its pro perty or seeking to take any action to authorize any of the foregoin g actions ( each a ), the other party, a s licensee, shall have the right to retain and enforce its righ ts under this Agreement, including but not limited to the following rights : ( a ) the right to continue to use the relevant licen sed Patents and Know - How and all documentation and other supporting material related thereto, in a ccordance with the terms and conditions of this Agreement ; and ( b ) the right to a complete duplicate of ( or comple te access to, as appropriate ) all relevant licensed Patents and Know - How and all embodiments of such, a nd the same if not already in such licensee ’s possession, shall be promptly delivered to such lic ensee ( i ) upon any such commencement of a Proceedin g upon written request therefor by such licensee, unl ess the other party as licensor elects to continue to perform all of its obligations under this Agreement ; or ( ii ) if not delivered under ( i ) above, upon th e rejection of this Agreement by or on behalf of the other party as licensor upon written request theref or by licensee ; ( c ) the right to obtain from the other party as lic ensor all documentation and other supporting materials related to the relevant licensed Patent a nd Know - How