definiens: within the meaning of such term or its equivalent under any Insolvency Statute . The Insolvent Party agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, to the extent feasible, of all such intellectual property . If a case is commenced by or against the Insolvent Party under the Insolvency Statute, unless and unti I this Agreement is rejected by the Insolvency Statute trustee, the Insolvent Party ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including without limitation, a trustee or examiner appointed pursuant to the Insolvency Statutes ) shall, as the Terminating Party may elect in a written request, immediately upon such request : ( i ) perform all of the obligations provided in this Agreement to be performed by the Insolvent Party including, where applicable and without limitation, providing the Terminating Party portions of such intellectual property ( including embodiments thereof ) held by the Insolvent Party and such successors and assigns or otherwise available to them ; or I -79 - Confidential Treatment Reqnested by letter dated Febrnary~, 2002 ( ii ) provide to the Terrnillating Party all such intellectual property ( including all embodiments thereof ) held by the Insolvent Party and such successors and assigns or otherwise available to them