definiens: as defined und er Section 101(35A ) of the Bankruptcy Code . The Par ties agree that [COMPANY], as a licensee of such rights under this Agreement, will retain and may fully exe rcise all of its rights and elections under the Bank ruptcy Code . The Parties further agree that, in t he event of the commencement of a bankruptcy proceedi ng by or against Ibis under the Bankruptcy Code, Ago uron will be entitled to a complete duplicate of ( o r complete access to, as appropriate ) any such in tellectual property and all embodiments of such inte llectual property upon written request therefor by [COMPANY] . Such intellectual property an d all embodiments thereof will be promptly deliver ed to [COMPANY] ( i ) upon any such commencement of a b ankruptcy proceeding upon written request therefor e by [COMPANY], unless Ibis elects to continue to pe rform its respective obligations under this A greement or ( it ) if not delivered under ( i ) abov e, upon the rejection of this Agreement by or on behal f of Ibis, as the case may be, upon written request therefor by [COMPANY]