Common use of Effect on Licenses Clause in Contracts

Effect on Licenses. All rights and licenses granted under or pursuant to this Agreement are licenses of rights to “intellectual property” as defined in Section 365(n) of Title 11 of the United States Code (“Title 11”). Provided that the Non-Debtor Party does not terminate this Agreement pursuant to this Article 16, each Party agrees that the other Party, as licensee of such rights under this Agreement shall retain and may fully exercise all of its rights and elections under Title 11. Each Party agrees during the Term of this Agreement, to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, to the extent feasible, of all such intellectual property. If a case is commenced by or against the Debtor Party under Title 11, the Debtor Party (in any capacity, including debtor-in-possession) and its successors and assigns (including a Title 11 trustee) shall, as the Non-Debtor Party may elect in a written request, immediately upon such request:

Appears in 3 contracts

Samples: Commercialization and License Agreement (Aptalis Holdings Inc.), Commercialization and License Agreement (Aptalis Pharma Inc), Commercialization and License Agreement (Aptalis Pharma Inc)

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Effect on Licenses. All rights and licenses granted under or pursuant to this Agreement are licenses by one Party to the other Party are, for all purposes of rights to “intellectual property” as defined in Section 365(n) of Title 11 of the United States Code ("Title 11"), licenses of rights to "intellectual property" as defined in Title 11. Provided that the Non-Debtor Party does not terminate this Agreement pursuant to this Article 16, each Each Party agrees that the other Party, as licensee of such rights under this Agreement shall retain and may fully exercise all of its rights and elections under Title 11. Each Party agrees during the Term of this Agreement, Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, to the extent feasible, of all such intellectual property. If a case is commenced by or against the Debtor a Party under Title 1111 (the "Title 11 Party"), the Debtor such Party (in any capacity, including debtor-in-possession) and its successors and assigns (including including, without limitation, a Title 11 trusteeTrustee) shall, as the Non-Debtor Party may elect in a written request, immediately upon such request:,

Appears in 2 contracts

Samples: Collaboration and License Agreement (Viropharma Inc), Collaboration and License Agreement (Viropharma Inc)

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Effect on Licenses. All rights and licenses granted under or pursuant to this Agreement are licenses by one Party to the other Party are, for all purposes of rights to “intellectual property” as defined in Section 365(n) of Title 11 of the United States Code (“Title 11”), licenses of rights to “intellectual property” as defined in Title 11. Provided that the Non-Debtor Party does not terminate this Agreement pursuant to this Article 16, each Each Party agrees that the other Party, as licensee of such rights under this Agreement shall retain and may fully exercise all of its rights and elections under Title 11. Each Party agrees during the Term term of this Agreement, Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, to the extent feasible, of all such intellectual property. If a case is commenced by or against the Debtor a Party under Title 1111 (the “Title 11 Party”), the Debtor such Party (in any capacity, including debtor-in-possession) and its successors and assigns (including including, without limitation, a Title 11 trusteeTrustee) shall, as the Non-Debtor other Party may elect in a written request, immediately upon such request:

Appears in 1 contract

Samples: Development and Commercialization Agreement (Elan Corp PLC)

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