Common use of Rights Upon Bankruptcy Clause in Contracts

Rights Upon Bankruptcy. All rights and licenses granted to Talis under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Code (collectively, the “Code”), licenses of rights to be “intellectual property” as defined under the Code. If a case is commenced during the Term by or against thX under the Code then, unless and until this Agreement is rejected as provided in the Code, thX (in any capacity, including debtor-in-possession) and its successors and assigns (including a trustee) shall perform all of the obligations provided in this Agreement to be performed by thX. If a case is commenced during the Term by or against thX under the Code, this Agreement is rejected as provided in the Code and Talis elects to retain its rights hereunder as provided in the Code, then thX (in any capacity, including debtor-in-possession) and its successors and assigns (including a Title 11 trustee), shall provide to Talis copies of such intellectual property and all embodiments thereof necessary for Talis to maintain and enjoy its rights under the terms of this Agreement promptly upon Talis’ written request therefor. All rights, powers and remedies of Talis as provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, the Code) in the event of the commencement of a case by or against thX under the Code.

Rights Upon Bankruptcy. All The license and other rights and licenses granted to Talis Sequenom under or pursuant to this Agreement Sections 5.1 and 5.2 are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Code (collectively, the “Code”), licenses of rights to be “intellectual property” as defined under the Code. If a case is commenced during the Term by or against thX Supplier under the Code then, unless and until this Agreement is rejected as provided in the Code, thX Supplier (in any capacity, including debtor-in-possession) and its successors and assigns (including a trustee) shall perform all of the obligations provided in this Agreement to be performed by thX. Supplier. If a case is commenced during the Term by or against thX Supplier under the Code, and this Agreement is rejected as provided in the Code and Talis Sequenom elects to retain its rights hereunder as provided in the Code, then thX Supplier (in any capacity, including debtor-in-possession) and its successors and assigns (including a Title 11 trustee), shall provide to Talis Sequenom copies of such intellectual property and all embodiments thereof necessary for Talis Sequenom to maintain and enjoy its rights under the terms of this Agreement promptly upon Talis’ Sequenom’s written request therefor. All rights, powers and remedies of Talis Sequenom as provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, the Code) in the event of the commencement of a case by or against thX Supplier under the Code.. * ***Confidential Treatment Requested

Rights Upon Bankruptcy. All The license and other rights and licenses granted to Talis Sequenom under or pursuant to this Agreement Sections 5.1 and 5.2 are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Code (collectively, the “Code”), licenses of rights to be “intellectual property” as defined under the Code. If a case is commenced during the Term by or against thX Supplier under the Code then, unless and until this Agreement is rejected as provided in the Code, thX Supplier (in any capacity, including debtor-in-possession) and its successors and assigns (including a trustee) shall perform all of the obligations provided in this Agreement to be performed by thX. Supplier. If a case is commenced during the Term by or against thX Supplier under the Code, and this Agreement is rejected as provided in the Code and Talis Sequenom elects to retain its rights hereunder as provided in the Code, then thX Supplier (in any capacity, including debtor-in-possession) and its successors and assigns (including a Title 11 trustee), shall provide to Talis Sequenom copies of such intellectual property and all embodiments thereof necessary for Talis Sequenom to maintain and enjoy its rights under the terms of this Agreement promptly upon Talis’ Sequenom’s written request therefor. All rights, powers and remedies of Talis Sequenom as provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, the Code) in the event of the commencement of a case by or against thX Supplier under the Code.