definiens: ( as defined in Section 101(35A ) of Title 11 of the United States Code, as amended ( such Title 11, the », [COMPANY] agrees not to interfere with [COMPANY] 's and Affiliates of [COMPANY] 's exercise of rights and licenses to intellectual property licensed hereunder and embodiments thereof in accordance with this Agreement and agrees to use Commercially Reasonable Efforts to assist [COMPANY] and Affiliates of [COMPANY] to obtain such intellectual property and embodiments thereof in the possession or control of Third Parties as reasonably necessary or desirable for [COMPANY] or Affiliates of [COMPANY] to exercise such rights and licenses in accordance with this Agreement . The Parties hereto acknowledge and agree that [ Development Payments, reimbursement payments pursuant to Section 3.6, and all other payments by [COMPANY] to [COMPANY] hereunder, other than royalty payments pursuant to Section 4.3 ( and subject to reduction pursuant to Section 4.4 ), ] do not [ constitute royalties within the meaning of Bankruptcy Code § 365(n ) or relate to licenses of intellectual property hereunder ]