Nature of Licenses. All rights and licenses granted pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. 365(n) of the Bankruptcy Laws, licenses of rights to "intellectual property" as defined under 11 U.S.C. 101(35A) of the Bankruptcy Laws. The Parties agree that Endo, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under the Bankruptcy Laws. To the fullest extent permitted by law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EpiCept under the Bankruptcy Laws, Endo shall be entitled to all applicable rights under 11 U.S.C. 365(n) of the Bankruptcy Laws, including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by Endo, and such, if not already in its possession, shall be promptly delivered to Endo.
Nature of Licenses. All rights and licenses granted pursuant to this A&R Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. § 365(n), licenses of rights to “intellectual property” as defined under 11 U.S.C. § 101(35A). The Parties agree that Aytu, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under Bankruptcy Laws. To the fullest extent permitted by Applicable Law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against Acerus under the Bankruptcy Laws, Aytu shall be entitled to all applicable rights under 11 U.S.C. § 365(n), including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by Aytu, and such, if not already in its possession, shall be promptly delivered to Aytu.
Nature of Licenses. (a) The licenses granted in clauses 2.1, 2.2 and 2.3 are each separate and distinct licenses in each country of the Territory.
Nature of Licenses. All rights and licenses granted by Supplier pursuant to this Agreement by Supplier are, and will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (or any replacement Law) (the “Code”), licenses to rights to “intellectual property” as defined in the Code. The parties agree that each licensee, as licensee of those rights under this Agreement, will retain and may fully exercise all of its rights and elections under the Code. The parties further agree that, if bankruptcy proceedings are brought by or against Supplier under the Code, each licensee will be entitled to retain all of its rights under this Agreement.”
Nature of Licenses. (a) All license rights granted by Supplier pursuant to this Agreement (including the easement right in Section 13.1(f)) (collectively, “License Rights”) are, and will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (as amended, the “Code”), licenses to rights to “intellectual property” irrespective of how that term is defined in Section 101(35A) of the Code. The parties agree that if bankruptcy or insolvency proceedings are brought by or against Supplier, whether under the Code, any successor statute, or under any other law providing for the relief of debtors (collectively, “Insolvency Laws”), each licensee will retain and may fully exercise all of its rights, elections, and remedies to preserve the License Rights under such Insolvency Laws (whether under Section 365(n) of the Code, any other code section or otherwise), including the right to retain and exercise its rights under this Agreement and any agreement supplementary hereto, the right to continued use of such License Rights during and after the commencement or conclusion of such proceeding, and the right to obtain any intellectual property (or such embodiment) as provided herein or in any agreement supplementary hereto.
Nature of Licenses. All rights and licenses granted pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. ss. 365(n) of the Bankruptcy Laws, licenses of rights to "INTELLECTUAL PROPERTY" as defined under 11 U.S.C. ss. 101(35A) of the Bankruptcy Laws. The Parties agree that Endo, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under Bankruptcy Laws. To the fullest extent permitted by law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against Noven under the Bankruptcy Laws, Endo shall be entitled to all applicable rights under 11 U.S.C. ss. 365(n) of the Bankruptcy Laws, including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by Endo, and such, if not already in its possession, shall be promptly delivered to Endo.
Nature of Licenses. The licenses granted under this Agreement and Licensor's obligations with respect thereto are intended by the Parties to constitute the licenses of intellectual property for purposes of Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code.
Nature of Licenses. Licensee acknowledges and agrees that when Licensee acquires a license of Licensed Software, Licensee’s acquisition is neither contingent on the delivery of any future features or functionality nor subject to any public or other comments (oral, written or otherwise) made by Autodesk regarding future features or functionality.
Nature of Licenses. The license granted to Trident under Section 2.1 (Patent License) is non-exclusive. The license granted to Trident under Section 2.2 (Technology License) is exclusive, except with respect to the activities of Entropic, its Affiliates, and their successors and assigns. For the avoidance of doubt, Entropic, its Affiliates, and their successors and assigns retain the right to use, reproduce, modify, create derivative works of, distribute, perform, display, and otherwise exploit the Licensed Entropic Technology in every way and in any field of use, and to grant sublicenses with respect to the Licensed Entropic Technology in any field of use: (a) to contract manufacturers, foundries, and test and assembly contractors of Entropic, any of its Affiliates, or any of their successors or assigns, to the extent necessary to permit such parties to manufacture, test, and assemble products solely for Entropic, any of its Affiliates, or any of their successors or assigns; (b) to customers of Entropic, any of its Affiliates, or any of their successors or assigns, to the extent necessary to permit such customers to use products of Entropic, any of its Affiliates, or any of their successors or assigns; and (c) to distributors, resellers, and OEMs of Entropic, any of its Affiliates, or any of their successors or assigns, to the extent necessary to permit such distributors, resellers, and OEMs to distribute, resell, market, integrate, and demonstrate products of Entropic, any of its Affiliates, or any of their successors or assigns.
Nature of Licenses. All rights and licenses granted under or pursuant to this Agreement by Licensor to Licensee are, and shall otherwise be deemed to be, for purposes of Section 356(n) of the United States Bankruptcy Code, or replacement provision therefore (the "Code"), licenses to rights to "intellectual property" as defined in the Code. The parties agree that Licensee, as licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Code. The parties further agree that, in the event of the commencement of bankruptcy proceedings by or against Licensor under the Code, Licensee shall be entitled to retain all of its rights under the Agreement. In addition to the foregoing, in the event of commencement of bankruptcy proceedings by or against Licensee, the parties agree that Licensor shall be entitled to retain all its rights allowed by law, including rights by statute, common law, or rules under the Code.
