definiens: as defined unde r Section 101 of the U.S. Bankruptcy Code . The part ies agree that [COMPANY], as licensee of such rights under t his Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code . The parties further agree that, in the event of t he commencement of a bankruptcy proceeding by or again st Glycomed under the U.S. Bankruptcy Code, [COMPANY] 9 of 19 shall be entitled to a complete duplicate of ( or co mplete access to, as appropriate ) any such intellec tual property and all embodiments of such intellectual property, and same, if not already in its possession, shall b e promptly delivered to it ( a ) upon any such commencement of a bankruptcy proceeding upon their written request therefore, unless Glycomed elects to continue to pe rform all of its obligations under this Agreement o r ( b ) if not delivered under ( a ) above, following the rejection of this Agreement by or on behalf of Glycomed upon written request therefore by [COMPANY]