United States Bankruptcy Code. To the extent applicable, in the event of the rejection of this Agreement by or on behalf of either Party under Section 365 of the United States Bankruptcy Code (the "Code"), all licenses and rights to licenses granted under or pursuant to this Agreement by one Party to the other are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the Code, licenses of rights to "intellectual property" as defined under Section 101(35A) of the Code The Parties agree that each Party, as the licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Code, and that upon commencement of a bankruptcy proceeding by or against either Party under the Code, the other Party shall be entitled to a complete duplicate of or complete access to (as other Party deems appropriate), any such intellectual property and all embodiments of such intellectual property. Such intellectual property and all embodiments thereof shall be promptly delivered to non-rejecting Party (i) upon any such commencement of a bankruptcy proceeding upon written request therefore by the non-bankrupt Party, unless the bankrupt Party elects to continue to perform all of its obligations under this Agreement or (ii) if not delivered under (i) above, upon the rejection of this Agreement by or on behalf of a Party upon written request therefore by the other Party. The foregoing provisions of Section 6.5 are without prejudice to any rights the non-bankrupt Party may have arising under the Code or other applicable. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934.
United States Bankruptcy Code. The term “United States Bankruptcy Code” shall mean Title 11 of the United States Code as in effect from time to time.
United States Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement by ACT to Company are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that Company, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the United States Bankruptcy Code.
United States Bankruptcy Code. As a licensee of rights, a Party shall retain and may fully exercise all of the rights under Section 365(n) of the United States Bankruptcy Code. If any proceeding is instituted by or against a Party seeking to adjudicate it bankrupt, or insolvent, or seeking liquidation, winding up, reorganization, insolvency or reorganization, or relief of debtors, or seeking an entry of an order of relief, or the appointment of a receiver, trustee or other similar official for it or any substantial part of its property, or a Party takes any action to authorize any of the foregoing actions, the other Party shall have the right to retain and enforce its rights under this Agreement as provided for under Section 365(n) of the United States Bankruptcy Code. 20.7
