Common use of Section 365(n) of the Bankruptcy Code Clause in Contracts

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 16 contracts

Samples: Bridge Supply and Technology Development Agreement (BAKER HUGHES a GE Co LLC), Bridge Supply and Technology Development Agreement (Baker Hughes a GE Co), Supply and Technology Development Agreement (BAKER HUGHES a GE Co LLC)

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Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under section 365(n) of the Bankruptcy Code.

Appears in 13 contracts

Samples: Non Exclusive License Agreement (Allakos Inc.), Non Exclusive License Agreement (Allakos Inc.), Non Exclusive License Agreement (Allakos Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement Exhibit I are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 12 contracts

Samples: Master Outsourcing Agreement (Genworth Financial Inc), Master Outsourcing Agreement (Genworth Financial Inc), Master Outsourcing Agreement (Genworth Financial Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Bankruptcy Code Code, as amended (such Title 11, the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 10 contracts

Samples: Collaboration Agreement (Discovery Partners International Inc), License Agreement (Discovery Partners International Inc), Collaboration Agreement (Discovery Partners International Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 5 contracts

Samples: License and Collaboration Agreement (Lexicon Pharmaceuticals, Inc.), License and Collaboration Agreement (Lexicon Pharmaceuticals, Inc./De), License and Collaboration Agreement (Merrimack Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 5 contracts

Samples: Sublicense Agreement (Navidea Biopharmaceuticals, Inc.), License Agreement (Acusphere Inc), Assignment Agreement (Acusphere Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 4 contracts

Samples: Intellectual Property Cross License (Genworth Financial Inc), Intellectual Property Cross License (Genworth Financial Inc), Intellectual Property Cross License (Genworth Financial Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under pursuant to any Section of this Agreement are, and shall otherwise be deemed to be, for purposes rights and licenses to “intellectual property” (as defined in Section 101(35A) of Section 365(n) title 11 of the United States Bankruptcy Code and of any similar provisions of applicable Laws under any other jurisdiction (the “Bankruptcy Code”)). Each Party agrees that the other Party, licenses as a licensee of rights to “intellectual property” as defined and licenses under Section 101(35A) of the Bankruptcy Code. The Parties this Agreement, shall retain and may fully exercise all of their respective its rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Samples: Research Collaboration and Exclusive License Agreement (Keros Therapeutics, Inc.), Research Collaboration and Exclusive License Agreement (Keros Therapeutics, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Samples: Settlement and Assignment Agreement (Alexion Pharmaceuticals Inc), License Agreement (Transkaryotic Therapies Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Samples: License Agreement (Cell Genesys Inc), License Agreement (Transkaryotic Therapies Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A101 (35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Samples: Intellectual Property Matters Agreement (Arcosa, Inc.), Intellectual Property Matters Agreement (Trinity Industries Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Samples: License Agreement (Achillion Pharmaceuticals Inc), License Agreement (NxStage Medical, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under pursuant to any section of this Agreement are, are rights and shall otherwise be deemed licenses to be, for purposes “intellectual property” (as defined in Section 101(35A) of Section 365(n) title 11 of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code). The Parties Each Party shall retain and may fully exercise all of their respective its rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Epizyme, Inc.), Collaboration and License Agreement (Epizyme, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement areby a Party to the other, including those set forth in Section 6.1 and 6.4, are and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.U.S. Bankruptcy

Appears in 1 contract

Samples: Agreement (PTC Therapeutics, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and otherwise shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A101 (35A) of the Bankruptcy Code. The Parties ACHILLION shall retain and may fully exercise all of their its respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: License Agreement (Achillion Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “U.S. Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the U.S. Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under Code to the Bankruptcy Code.extent permitted

Appears in 1 contract

Samples: Exclusive License Agreement (Atara Biotherapeutics, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any Section of this Agreement are, are and shall otherwise be deemed to be, be for purposes of Section 365(n) of the United States Bankruptcy Txxxx 00, Xxxxxx Xxxxxx Code (the “Bankruptcy Code”), ) licenses of rights to “intellectual property” as defined under in Section 101(35A101(56) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.Bankruptcy

Appears in 1 contract

Samples: Confidentiality Agreement (Kos Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: License Agreement (Viamet Pharmaceuticals Holdings LLC)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “U.S. Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties Each Party shall retain and may fully exercise all of their respective its rights and elections under the Bankruptcy CodeCode or equivalent legislation in any other jurisdiction.

Appears in 1 contract

Samples: Development and License Agreement (AntriaBio, Inc.)

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Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement areAgreement, are and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: Service Agreement (Tesla Motors Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, are and shall otherwise be deemed to be, be for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under in Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: Compound Transfer and Development Agreement (Gene Logic Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “U.S. Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the U.S. Bankruptcy Code, or under similar statutes in other jurisdictions, as applicable. The Parties shall retain and may fully exercise all of their respective rights and elections under the U.S. Bankruptcy Code.

Appears in 1 contract

Samples: License Agreement (Elevai Labs Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: Intellectual Property Agreement and License (GXS Corp)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall parties will retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: Aftermarket License Agreement (Transpro Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement Schedule 1 are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: Outsourcing Services Separation Agreement (Genworth Financial Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.. *CONFIDENTIAL TREATMENT REQUESTED

Appears in 1 contract

Samples: License Agreement (Acusphere Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be are deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under in Section 101(35A) 101 of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.Each Party,

Appears in 1 contract

Samples: Master Collaboration Agreement (Ikena Oncology, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and The licenses granted under this Agreement areshall be treated as licenses of rights to “intellectual property” (as defined in Section 101(56) of Title 11 of the United States Code, and shall otherwise be deemed to be, as amended (the “Bankruptcy Code”)) for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall parties agree that each party may elect to retain and may fully exercise all of their respective its rights and elections under the Bankruptcy Code; provided that the electing party complies with the terms of this Agreement.

Appears in 1 contract

Samples: Agreement (Nitromed Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties Licensee shall retain and may fully have the right to exercise all of their respective rights and elections under the Bankruptcy CodeCode and all other applicable bankruptcy, insolvency, and similar laws with respect to this Agreement and the subject matter hereof.

Appears in 1 contract

Samples: Intellectual Property License Agreement (F45 Training Holdings Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Samples: Technology and Database License Agreement (Genaissance Pharmaceuticals Inc)

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