Common use of Applicability of 11 U.S Clause in Contracts

Applicability of 11 U.S. C. § 365(n). All rights and licenses (collectively, the “Intellectual Property”) granted under or pursuant to this Agreement, including all rights and licenses to use Improvements or enhancements developed during the Agreement Term, are intended to be, and will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”) or any analogous provisions in any other country or jurisdiction, licenses of rights to “intellectual property” as defined under Section 101(35A)of the Bankruptcy Code. The Parties agree that the licensee of such Intellectual Property under this Agreement will retain and may fully exercise all of its rights and elections under the Bankruptcy Code, including Section 365(n) of the Bankruptcy Code, or any analogous provisions in any other country or jurisdiction. All of the rights granted to either Party under this Agreement will be deemed to exist immediately before the occurrence of any Insolvency Event in which the other Party is the debtor.

Appears in 2 contracts

Samples: Exclusive Research, Development Option and License Agreement (Magenta Therapeutics, Inc.), Exclusive Research, Development Option and License Agreement (Magenta Therapeutics, Inc.)

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Applicability of 11 U.S. C. § §365(n). All rights and licenses (collectively, the “Intellectual Property”) granted under or pursuant to this Agreement, including all rights and licenses to use Improvements improvements or enhancements developed during the Agreement Term, are intended to be, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”) or any analogous provisions in any other country or jurisdiction, licenses of rights to “intellectual property” as defined under Section 101(35A)of 101(35A) of the Bankruptcy Code. The Parties agree that the licensee of such Intellectual Property under this Agreement will shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code, including Section 365(n) of the Bankruptcy Code, or any analogous provisions in any other country or jurisdiction. All of the rights granted to either Party under this Agreement will shall be deemed to exist immediately before the occurrence of any Insolvency Event bankruptcy case in which the other Party is the debtor.

Appears in 1 contract

Samples: Joint Commercialization Agreement (Seattle Genetics Inc /Wa)

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Applicability of 11 U.S. C. § 365(n). All rights and licenses (collectively, the “Intellectual Property”) granted under or pursuant to this Agreement, including all rights and licenses to use Improvements improvements or enhancements developed during the Agreement Term, are intended to be, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”) or any analogous provisions in any other country or jurisdiction, licenses of rights to “intellectual property” as defined under Section 101(35A)of 101(35A) of the Bankruptcy Code. The Parties agree that the licensee of such Intellectual Property under this Agreement will shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code, including Section 365(n) of the Bankruptcy Code, or any analogous provisions in any other country or jurisdiction. All of the rights granted to either Party under this Agreement will shall be deemed to exist immediately before the occurrence of any Insolvency Event bankruptcy case in which the other Party is the debtor.

Appears in 1 contract

Samples: Gamma Ip Licence Agreement (Denali Therapeutics Inc.)

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