definiens: as defined under Section 101(35A)of the Bankruptcy Code . For the avoidance of doubt, the Parties intend that the licenses granted by [COMPANY] to BI underthis Agreement, in particular pursuant to Section 2.1 of this Agreement, are licenses of rights to as defined under Section 101(35A ) of the Bankruptcy Code . The Parties agree that BI, as a licensee of such rightsunder this Agreement, shall retain 57 CONFIDENTIAL TREATMENT REQUESTEDBACE RESEARCH COLLABORATION AND LICENSE AGREEMENT and may fully exercise all of its rights and elections under the Bankruptcy Code, and that upon rejection of thisAgreement by [COMPANY] in a case under the Bankruptcy Code, if BI elects to retain its rights, as provided inSection 365(n)(1)(B ) of the Bankruptcy Code, [COMPANY], as debtor in possession, or any trustee appointed in a case filedby or against [COMPANY] under the Bankruptcy Code, shall provide to BI all intellectual property licensed to BI under thisAgreement ( including any embodiments ) and held by [COMPANY] or any trustee of [COMPANY], as provided in Section 365(n)(3)(A ) of the Bankruptcy Code . If this Agreement is rejected by or on behalf of BI in the event that ( a ) BI becomes adebtor in a bankruptcy proceeding or other proceeding for the general settlement of its debts, ( b ) a receiver or otherofficial is appointed for all or substantially all of BI ’s assets, or ( c ) BI makes a general assignment for the benefit ofcreditors, then [COMPANY] will be entitled, to the extent legally possible under German Law, to receive the benefit of anyprotections afforded to licensees of intellectual property under German bankruptcy law, including protectionsequivalent to those provided under Section 365(n ) of the Bankruptcy Code, whether such protections are in existenceas of the Effective Date or are enacted in the future