definiens: as defined in Section 101(35A ) of Title 11 of theUnited States Code, as amended ( such Title 11, the ) . Each Party hereby acknowledges that ( i ) copies ofresearch data, ( ii ) laboratory samples, ( iii ) product samples, ( iv ) formulas, ( v ) laboratory notes and notebooks, ( vi ) data andresults related to clinical trials, ( vii ) regulatory filings and approvals, ( viii ) rights of reference in respect of regulatory filingsand approvals, ( ix ) pre - clinical research data and results, and ( x ) marketing, advertising and promotional materials, in eachcase, that relate to such intellectual property, constitute of such intellectual property pursuant to Section365(n ) of the Bankruptcy Code, and each Party hereby grants to the other a right of access and right to obtain possession ofand to benefit from such embodiments in the event of any rejection of this Agreement in any proceeding by or against suchParty under the Bankruptcy Code . Each such Party agrees not to interfere with the other ’s exercise, pursuant to Section 365(n)of the Bankruptcy Code, of rights and licenses to intellectual property licensed hereunder and embodiments thereof andagrees to use reasonable efforts, at the other ’s expense, to assist the other to obtain such intellectual property and embodimentsthereof in the possession or control of Third Parties as reasonably necessary for the other to exercise, pursuant to Section365(n ) of the Bankruptcy Code, such rights and licenses