definiens: ( as defined in Section 101(35A ) of Bankruptcy Code ) . [COMPANY] hereby ack nowledges that ( i ) copies of research data, ( ii ) laboratory samples, ( iii ) produ ct samples, ( iv ) formulas, ( v ) laboratory notes and notebooks, ( vi ) data and r esults related to clinical trials, ( vii ) regulatory filings and approvals, ( vi ii ) rights of reference in respect of regulatory filings and approvals, ( ix ) p re - clinical research data and results, and ( x ) marketing, advertising and promoti onal materials, in each case, that relate to such intellectual property, constitu te of such intellectual property pursuant to Section 365(n ) of the Bankruptcy Code, and [COMPANY] hereby grants to OBI a right of access a nd right to obtain possession of and to benefit from such embodiments in the even t that a [COMPANY] Event of Default has occurred and is continuing to the exten t such rights are not otherwise granted to OBI under another provision of this Agreement