definiens: as defined under Section 101 of the Bankruptcy Code and ( B ) in the event Li censee, any of its Affiliates or its or its Affiliates ’ sublicensees were to lose their rights in and to any Specified IP included in the Licensed Intellectual Property, irreparable damage would occur to Licensee or such Affiliate or sublicensee for which monetary damages alone could not provide sufficient remedy to Licensee or such Affiliate or sublicensee ; accordingly, Licensor and the Additional Parties ( and any debtor -in - possession or trustee or foreign representative of the business of Licensor or the Additional Parties, as applicable ) can not and shall not attempt to reject this Agreement pursuant to Section 365 of the Bankruptcy Code or any foreign equivalent ; and ( iv ) in the event Licensor or any of the Additional Parties ( or any debtor -in - possession or trustee or foreign representative of the business of Licensor or such Additional Party, as applicable ) does seek to reject this Agreement and in the event such relief is granted, ( A ) the rejection shall be treated merely as breach of the contract and no t its avoidance, rescission, or termination, 59 ( B ) such rejection shall not terminate Licensee ’s right to use such license and shall have no effect upon the contract ’s continued existence, ( C ) Licensee, any of its Affiliates or its or its Affiliates ’ sublicensees may elect rights under Section 365(n ) of the Bankruptcy Code or any foreign equivalent, and ( D ) Licensee, any of its Affiliates or its or its Affiliates ’ sublicensees shall be entitled to seek other equitable treatment relating to such rejection