definiens: as defined under Section 101(52 ) of the Bankruptcy Code . The parties agree that Schwarz, 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 . The parties further agree that in the event ofthe commencement of a bankruptcy proceeding by or against DTI under the Bankruptcy Code, Schwarz shall be entitled to a complete duplicate of, or complete access to, as appropriate, any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, shall be promptly delivered to Schwarz ( i ) upon any such commencement of a bankruptcy proceeding upon written request therefor by Schwarz unless DTI elects to continue to perform all ofits obligations under this Agreement, or ( ii ) if not delivered under ( i ) above, upon the rejection ofthis Agreement by or on behalf of DTI upon written request therefor by Schwarz