definiens: as defined in Section 101 of such Code . The Parties agree that MPI may fully exercise all of its rights and elections under the U.S. Ban kruptcy Code and any foreign equivalent thereto in any country h aving jurisdiction over a Party or its assets . The Parties further agree that, in the event MPI elects to retain its r ights as a licensee under such Code, MPI shall be e ntitled to complete access to any technology or intellectual p roperty licensed to it hereunder and all embodiment s of such technology and intellectual property . Such embodime nts of the technology and intellectual property sha ll be delivered to MPI not later than : ( a ) the commencement of bankruptcy proceedings a gainst BVI, upon written request, unless BVI elects to perform its obligations under this Agreement, or ( b ) if not delivered above under this Section 2 . 4, upon the rejection of this Agreement by or on be half of BVI, upon MPI ’s written request