definiens: as defined in Section 101 of such Code . Each Partymay fully exercise all of its rights and elections under the Bankruptcy Code . The Parties further agree that, if [COMPANY] elects to retain its rightsas a licensee under any Bankruptcy Code, [COMPANY] shall be entitled to complete access to any technology licensed to it hereunder and allembodiments of such technology . Such embodiments of the technology shall be delivered [COMPANY] not later than : ( a ) the commencement ofbankruptcy proceedings against Forma Inc., upon written request, unless Forma Inc. elects to perform its obligations under the Agreement, or(b ) if not delivered under Section 6.1.4, upon the rejection of this Agreement by or on behalf of Forma Inc., upon written request . Anyagreements supplemental hereto will be deemed to be this Agreement for purposes of Section 365(n ) of theBankruptcy Code