definiens: as defined under Paragraph 101(35A ) of the U.S. Bankruptcy Code . [COMPANY] / AR and C·I086089v4 53 Vifor agree that FUSA, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, subject to perfonnance by FUSA of its obligations under this Agreement . In the event [COMPANY] / AR elects to ternlinate this Agreement because of a Bankruptcy Event and FUSA elects to continue the licenses under this Agreeme nt as contemplated by the preceding sentence, then FUSA shall be entitled, upon reasonable request to [COMPANY] / AR and Vi for, to have access, in confidence, to such Licensed Technology not already in FUSA 's possession as shall be reasonably necessary to make use of the license rights under this Agreement without participation by [COMPANY] / AR