definiens: ), licenses of rights to as defined under Section 1Ol(35A ) of the Bankruptcy Code . The Parties further agree that in the event oftlle com­mencement of a bankruptcy proceeding by or against one Party under the Bankruptcy Cod~ [COMPANY] ( if such proceeding is commenced against a XOMA Company ) or XOMA ( if such proceeding is co ~ ed against [COMPANY] ), to the extent permitted under applicable Laws, shall be entitled to complete access to any such intellectual property pertaining to the rights granted in the licenses he : re\mder of the Party by or against wh m a b tc ' roceedin has been commenced and all embodiments of such intellectual ro . The Parties further agree that, if any rights or licenses granted by any XOMA Company to Ta - I keda under Articles 3A or 6A are terminated, to the extent enforceable, each of the XO ~ fA Companies covenants not to commence any proceeding in or for bankruptcy, insolvency, dissolution or winding up of such XOMA Company in Bermuda or Ireland