Common use of Section 365(n) Clause in Contracts

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum elects to retain its rights as a licensee under such Code, Bellicum shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum not later than: (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14(a) above, upon the rejection of this Agreement by or on behalf of Bellicum, upon written request.

Appears in 4 contracts

Sources: License Agreement (Bellicum Pharmaceuticals, Inc), License Agreement (Ariad Pharmaceuticals Inc), License Agreement (Bellicum Pharmaceuticals, Inc)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum Licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum Licensee elects to retain its rights as a licensee under such Code, Bellicum Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14(a) 11.14 above, upon the rejection of this Agreement by or on behalf of BellicumLicensee, upon written request.

Appears in 4 contracts

Sources: Exclusive License Agreement (TrovaGene Inc.), Exclusive License Agreement (TrovaGene Inc.), Exclusive License Agreement (Alphatec Holdings, Inc.)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum a Party granted a license pursuant to this Agreement (a “Licensee”) may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Code and any foreign equivalent thereto in any country having jurisdiction over a Party files for bankruptcy in the United States or other jurisdictionits assets. The Parties further agree that, in the event Bellicum a Licensee elects to retain its rights as a licensee under such Code, Bellicum such Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum such Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensorother Party, upon written request, unless the licensor other Party elects to perform its obligations under the this Agreement, or (b) if not otherwise delivered under this Section 11.14(a) above4.5, upon the rejection of this Agreement by or on behalf of Bellicumthe other Party, upon Licensee’s written request.

Appears in 4 contracts

Sources: Separation and Distribution Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum the licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum a licensee elects to retain its rights CONFIDENTIAL as a licensee under such Code, Bellicum the licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum licensee not later than: (a1) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b2) if not delivered under Section 11.14(a(a) above, upon the rejection of this Agreement by or on behalf of Bellicumthe licensor, upon written request.

Appears in 3 contracts

Sources: Research and License Agreement (MorphoSys AG), Research and License Agreement (MorphoSys AG), Research and License Agreement (MorphoSys AG)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum Company may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum Company elects to retain its rights as a licensee Company under such Code, Bellicum Company shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum Company not later than: : (a) the commencement of bankruptcy proceedings against the licensorSynlogic, upon written request, unless the licensor Synlogic elects to perform its obligations under the Agreement, or or (b) if not delivered under Section 11.14(a) as set forth above, upon the rejection of this Agreement by or on behalf of BellicumCompany, upon written request.

Appears in 1 contract

Sources: License Agreement (Synlogic, Inc.)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum the licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum a licensee elects to retain its rights as a licensee under such Code, Bellicum the licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum licensee not later than: than (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or or (b) if not delivered under Section 11.14(a10.12(a) above, upon the rejection of this Agreement by or on behalf of Bellicumthe licensor, upon written request.

Appears in 1 contract

Sources: Option and License Agreement (Immunogen Inc)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum Licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum Licensee elects to retain its rights as a licensee under such Code, Bellicum Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensorLicensor, upon written request, unless the licensor Licensor elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14(a) 11.14 above, upon the rejection of this Agreement by or on behalf of BellicumLicensee, upon written request.

Appears in 1 contract

Sources: License Agreement (Aduro Biotech, Inc.)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum Licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum Licensee elects to retain its rights as a licensee under such Code, Bellicum Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14(a) 11.13 above, upon the rejection of this Agreement by or on behalf of BellicumLicensee, upon written request.

Appears in 1 contract

Sources: Exclusive License Agreement (Stemline Therapeutics Inc)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum Licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum Licensee elects to retain its rights as a licensee under such Code, Bellicum Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum Licensee not later than: : (a) the commencement of bankruptcy proceedings against the licensorLicensor, upon written request, unless the licensor Licensor elects to perform its obligations under the Agreement, or or (b) if not delivered under Section 11.14(a) above, upon the rejection of this Agreement by or on behalf of BellicumLicensee, upon written request.

Appears in 1 contract

Sources: Patent License Agreement (Tharimmune, Inc.)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum the licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum a licensee elects to retain its rights as a licensee under such Code, Bellicum the licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum licensee not later than: (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14(a) 8.19.1 above, upon the rejection of this Agreement by or on behalf of Bellicumthe licensor, upon written request.

Appears in 1 contract

Sources: Exclusive Patent License Agreement (Orchid Biosciences Inc)

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Bellicum Licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Bellicum Licensee elects to retain its rights as a licensee under such Code, Bellicum Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Bellicum Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14(a11.13(a) above, upon the rejection of this Agreement by or on behalf of BellicumLicensee, upon written request.

Appears in 1 contract

Sources: Exclusive License Agreement (TrovaGene Inc.)