definiens: as defined under Section 101(35A ) of the Bankruptcy Code . The Parties agree that the licensee of such intellectual pr operty under this Agreement will retain and may fully exercise all of its rights and elections under the Bankruptcy Code, including Section 365(n ) of the Bankruptcy Code, or any analogous provisions in any other country or jurisdiction . All of the rights g ranted to either Party under this Agreement will be deemed to exist immediately before the occurrence of any bankruptcy case in which the other Party is the debtor . If a bankruptcy proceeding is commenced by or against either Party under the Bankruptcy Cod e or any analogous provisions in any other country or jurisdiction, the non -debtor Party will be entitled to a complete duplicate of ( or complete access to, as appropriate ) any intellectual property and all embodiments of such intellectual property, which, if not already in the non -debtor Party ’s possession, will be delivered to the non -debtor Party within [ * * ] of such request ; provided that the debtor Party is excused from its obligation to deliver the intellectual property to the extent the debtor Party c ontinues to perform all of its obligations under this Agreement and the Agreement has not been rejected pursuant to the Bankruptcy Code or any analogous provision in any other country or jurisdiction