definiens: as defined under Section101 of the U.S. Bankruptcy Code . The Parties agree that [COMPANY] SWISSCO, as licensee of suchrights under this Agreement, shall retain and may fully exercise all of its rights and elections underthe U.S. Bankruptcy Code or any analogous provisions in any other country or jurisdiction . TheParties further agree that, in the event of the commencement of a bankruptcy proceeding by oragainst [COMPANY] US under the U.S. Bankruptcy Code or any analogous provisions in any othercountry or jurisdiction which proceeding is not terminated or withdrawn within [ * * * ] after suchcommencement, [COMPANY] SWISSCO shall be entitled ( unless [COMPANY] US elects to continue toperform all of its obligations under this Agreement ) to a complete duplicate of ( or complete accessto, as appropriate ) any such intellectual property and all embodiments of such intellectual propertynecessary to exercise its license rights granted hereunder, which, if not already in the ARIADSWISSCO ’s possession, shall be promptly delivered to it ( i ) after [ * * * ] following any suchcommencement of a bankruptcy proceeding, upon [COMPANY] SWISSCO ’s written request therefor(unless [COMPANY] US elects to continue to perform all of its obligations under this Agreement ), or ( ii)if not delivered under subsection ( i ) above, following the rejection of this Agreement by or on behalfof [COMPANY] US, upon written request therefor by [COMPANY] SWISSCO