definiens: as defined under Section 101(52 ) of the U.S. Bankruptcy Code . The Parties agree that aSK, as licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, subject to performance by aSK of its pre - existing obligations under the Agreement . The Parties further agree that, in the event of the commencement ofa bankruptcy proceeding by or against ADVANCIS under the U.S. Bankruptcy Code, aSK shall be entitled to a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiments of such intellectual property, and same, ifnot already in its possession, shall be promptly delivered to aSK ( I ) upon any such commencement of a bankruptcy proceeding upon written request therefore by aSK, unless ADV ANCIS elects to continue to perform all of its obligations 36 Confidential Final Execution Copy under this Agreement, or ( 2 ) if not delivered under ( 1 ) above, upon the rejection of this Agreement by or on behalf of ADVANCIS upon written request therefore by [COMPANY]