Common use of Bankruptcy Rights Clause in Contracts

Bankruptcy Rights. In the event that this Agreement is terminated or rejected by a Party or its receiver or trustee under applicable bankruptcy laws due to such Party's bankruptcy, then all rights and licenses granted under or pursuant to this Agreement by such Party to the other Party are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the "Bankruptcy Code") and any similar law or regulation in any other country, licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code. The Parties agree that all intellectual property rights licensed hereunder, including without limitation any trade secrets, patents or patent applications of a Party in any country covered by the license grants under this Agreement, are part of the "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code subject to the protections afforded the non-terminating Party under Section 365(n) of the Bankruptcy Code, and any similar law or regulation in any other country.

Appears in 3 contracts

Samples: Supply Agreement (Pharmacyclics Inc), Supply Agreement (Pharmacyclics Inc), Supply Agreement (Pharmacyclics Inc)

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Bankruptcy Rights. In the event that this Agreement is terminated or rejected by a Party or its receiver or trustee under applicable bankruptcy laws due to such Party's ’s bankruptcy, then all rights and licenses granted under or pursuant to this Agreement by such Party to the other Party are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the Bankruptcy Code in the United States Bankruptcy Code (the "Bankruptcy Code") and any similar law or regulation other comparable Applicable Law in any other countrycountry in the Territory (collectively “Other Bankruptcy Laws”), licenses of rights to "intellectual property" as defined under Section 101(35A101(52) of the United State Bankruptcy Code. The Parties agree that all intellectual property rights licensed hereunder, including without limitation any trade secrets, patents or patent applications of a Party in any country covered by the license grants under this Agreement, are part of the "intellectual property" as defined under in Section 101(35A101(52) of the United States Bankruptcy Code Code, subject to the protections afforded the non-terminating Party under Section 365(n) of the United States Bankruptcy Code, and any similar law Code or regulation in any other countryOther Bankruptcy Laws.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Cadence Pharmaceuticals Inc), Collaboration and License Agreement (Cadence Pharmaceuticals Inc)

Bankruptcy Rights. In the event that this Agreement is terminated or rejected by a Party or its receiver or trustee under applicable bankruptcy laws due to such Party's bankruptcy, and if this Agreement is not earlier terminated pursuant to Section 11.4 above, then all rights and licenses granted under or pursuant to this Agreement by such Party to the other Party are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the "Bankruptcy Code") and any similar law or regulation in any other country, licenses of rights to "intellectual propertyINTELLECTUAL PROPERTY" as defined under Section 101(35A101(52) of the Bankruptcy Code. The Parties agree that all intellectual property rights licensed hereunder, including without limitation any trade secrets, patents or patent applications in any country of a Party in any country covered by the license grants under this Agreement, are part of the "intellectual propertyINTELLECTUAL PROPERTY" as defined under Section 101(35A101(52) of the Bankruptcy Code subject to the protections afforded the non-terminating Party under Section 365(n) of the Bankruptcy Code, and any similar law or regulation in any other country.

Appears in 2 contracts

Samples: Research and License Agreement (Anadys Pharmaceuticals Inc), Research and License Agreement (Anadys Pharmaceuticals Inc)

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Bankruptcy Rights. In the event that this Agreement is terminated or rejected by a Party or its receiver or trustee under applicable bankruptcy laws due to such Party's bankruptcy, then all rights and licenses granted under or pursuant to this Agreement by such Party to the other Party are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the Bankruptcy Code in the United States Bankruptcy Code (the "Bankruptcy Code") and any similar law or regulation other comparable Applicable Law in any other countrycountry in the Territory (collectively "Other Bankruptcy Laws"), licenses of rights to "intellectual property" as defined under Section 101(35A101(52) of the United State Bankruptcy Code. The Parties agree that all intellectual property rights licensed hereunder, including without limitation any trade secrets, patents or patent applications of a Party in any country covered by the license grants under this Agreement, are part of the "intellectual property" as defined under in Section 101(35A101(52) of the United States Bankruptcy Code Code, subject to the protections afforded the non-terminating Party under Section 365(n) of the United States Bankruptcy Code, and any similar law Code or regulation in any other countryOther Bankruptcy Laws.

Appears in 1 contract

Samples: Collaboration and License Agreement (MIGENIX Inc.)

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