definiens: ), licenses of rights to as defined under Section 101 of the U.S. Bankruptcy Code . The Parties agree that ECR, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code, including the right to market the Product . The Parties further agree that if a case is commenced during the Term by or against NovaDel under the U.S. Bankruptcy Code, then, unless and until this Agreement is rejected as provided in the U.S. Bankruptcy Code, NovaDel ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including, without limitation, a trustee ) shall perform all of the obligations provided in this Agreement to be performed by such party . If the U.S. Bankruptcy Code case is commenced during the Term by or against NovaDel, and this Agreement is rejected as provided in the U.S