Common use of Bankruptcy Provision Clause in Contracts

Bankruptcy Provision. All rights and licenses granted by EndoChem to Licensee under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to "intellectual property" as defined in Section 101 of the Bankruptcy Code. The Parties agree that Licensee, as exclusive licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EndoChem under the Bankruptcy Code, Licensee shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, shall be promptly delivered to Licensee (i) upon such commencement of a bankruptcy proceeding, unless EndoChem elects to QuatRx EndoChem License

Appears in 2 contracts

Samples: Exclusive License Agreement (Quatrx Pharmaceuticals Co), Exclusive License Agreement (Quatrx Pharmaceuticals Co)

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Bankruptcy Provision. All rights and licenses granted by EndoChem Tess to Licensee Hormos under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to "intellectual property" as defined in Section 101 of the Bankruptcy Code. The Parties agree that LicenseeHormos, as exclusive licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EndoChem Tess under the Bankruptcy Code, Licensee Hormos shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, shall be promptly delivered to Licensee Hormos (i) upon such commencement of a bankruptcy proceeding, unless EndoChem Tess elects to QuatRx EndoChem Licensecontinue to perform all of its obligations under this Agreement; or (ii) if not delivered under (i) above, upon rejection of this Agreement by or on behalf of Tess.

Appears in 2 contracts

Samples: Transfer Agreement (Quatrx Pharmaceuticals Co), Transfer Agreement (Quatrx Pharmaceuticals Co)

Bankruptcy Provision. All rights and licenses granted by EndoChem ILEX to Licensee under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to "intellectual property" as defined in Section 101 of the Bankruptcy Code. The Parties agree that Licensee, as exclusive licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EndoChem ILEX under the Bankruptcy Code, Licensee shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, shall be promptly delivered to Licensee (i) upon such commencement of a bankruptcy proceeding, unless EndoChem ILEX elects to QuatRx EndoChem Licensecontinue to perform all of its obligations under this Agreement; or (ii) if not delivered under (i) above, upon rejection of this Agreement by or on behalf of ILEX.

Appears in 2 contracts

Samples: Exclusive License Agreement (Quatrx Pharmaceuticals Co), Exclusive License Agreement (Quatrx Pharmaceuticals Co)

Bankruptcy Provision. All rights and licenses granted by EndoChem DPI to Licensee under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to "intellectual property" as defined in Section 101 of the Bankruptcy Code. The Parties agree that Licensee, as exclusive licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EndoChem DPI under the Bankruptcy Code, Licensee shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, shall be promptly delivered to Licensee (i) upon such commencement of a bankruptcy proceeding, unless EndoChem DPI elects to QuatRx EndoChem Licensecontinue to perform all of its obligations under this Agreement; or (ii) if not delivered under (i) above, upon rejection of this Agreement by or on behalf of DPI.

Appears in 2 contracts

Samples: Exclusive License Agreement (Quatrx Pharmaceuticals Co), Exclusive License Agreement (Quatrx Pharmaceuticals Co)

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Bankruptcy Provision. All rights and licenses granted by EndoChem Interneuron to Licensee Warner under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to "intellectual property" as defined in Section 101 of the Bankruptcy Code. The Parties parties agree that LicenseeWarner, as exclusive licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. The Parties parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EndoChem Interneuron under the Bankruptcy Code, Licensee Warner shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, shall be promptly delivered to Licensee Warner (i) upon any such commencement of a bankruptcy proceeding, unless EndoChem Interneuron elects to QuatRx EndoChem Licensecontinue 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 Interneuron.

Appears in 1 contract

Samples: License Agreement (Interneuron Pharmaceuticals Inc)

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