definiens: as defined in Section 101 o f the U.S. Bankruptcy Code . [COMPANY], as licensee, may f ully exercise all of its rights and elections under any applicable Bankruptcy Code . The Parties further agr ee that, if [COMPANY] elects to retain its rights as a licensee under any applicable Bankruptcy Code, [COMPANY] shall be entit led to complete access to any technology licensed to it he reunder and all embodiments of such technology . Suc h embodiments of the technology shall be delivered to [COMPANY] not later than : ( a ) the commencement of bankru ptcy proceedings against Repare, upon written request, u nless Repare elects to perform its obligations unde r this Agreement, or ( b ) if not delivered under clause ( a ), upon the rejection of this Agreement by or on beh alf of Repare, upon written request . Any agreements supple mental hereto will be deemed to be this Agreement for purposes of Se ction 365(n ) of the U.S. Bankruptcy Code . As used h erein, means the U.S. Bankruptcy Code an d any foreign equivalent thereto in any country hav ing jurisdiction over a Party or its assets