Common use of Nature of Licenses Clause in Contracts

Nature of Licenses. All rights and licenses granted pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. § 365(n), licenses of rights to “intellectual property” as defined under 11 U.S.C. § 101(35A). The Parties agree that Durect, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under any bankruptcy law. To the fullest extent permitted by law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EpiCept, Durect shall be entitled to all applicable rights under 11 U.S.C. § 365(n) or similar provision of any other bankruptcy law, including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by Durect, and such, if not already in its possession, shall be promptly delivered to Durect.

Nature of Licenses. All rights and licenses granted pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. § 365(n), licenses of rights to “intellectual property” as defined under 11 U.S.C. § 101(35A). The Parties agree that Durect, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under any bankruptcy law. To the fullest extent permitted by law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EpiCept, Durect shall be entitled to all applicable rights under 11 U.S.C. § 365(n) or similar provision of any other bankruptcy law, including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by Durect, and such, if not already in its possession, shall be promptly delivered to Durect. * * * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidentiality has been requested with respect to the omitted portions.

Nature of Licenses. All rights and licenses granted pursuant to this A&R Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. § 365(n), licenses of rights to “intellectual property” as defined under 11 U.S.C. § 101(35A). The Parties agree that DurectAytu, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under any bankruptcy lawBankruptcy Laws. To the fullest extent permitted by lawApplicable Law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EpiCeptAcerus under the Bankruptcy Laws, Durect Aytu shall be entitled to all applicable rights under 11 11‌ U.S.C. § 365(n) or similar provision of any other bankruptcy law), including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by DurectAytu, and such, if not already in its possession, shall be promptly delivered to DurectAytu.

Nature of Licenses. All rights and licenses granted pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. § 365(n), licenses of rights to “intellectual property” as defined under 11 U.S.C. § 101(35A). The Parties agree that Endo and Durect, each as a licensee of such certain rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under any bankruptcy law. To the fullest extent permitted by law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EpiCeptthe licensor Party, Durect the licensee Party shall be entitled to all applicable rights under 11 U.S.C. § 365(n) or similar provision of any other bankruptcy law, including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by Durectthe licensee Party, and such, if not already in its possession, shall be promptly delivered to Durectthe licensee Party.

Nature of Licenses. All rights and licenses granted pursuant to this A&R Agreement are, and shall otherwise be deemed to be, for purposes of 11 U.S.C. § 365(n), licenses of rights to “intellectual property” as defined under 11 U.S.C. § 101(35A). The Parties agree that DurectAytu, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under any bankruptcy lawBankruptcy Laws. To the fullest extent permitted by lawApplicable Law, the Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against EpiCeptAcerus under the Bankruptcy Laws, Durect Aytu shall be entitled to all applicable rights under 11 U.S.C. § 365(n) or similar provision of any other bankruptcy law), including copies and access to, as appropriate, any such intellectual property and all embodiments of such intellectual property upon written request therefor by DurectAytu, and such, if not already in its possession, shall be promptly delivered to DurectAytu.